Defence ministry was on Monday apparently taken by surprise on Gen V K Singh moving the supreme court to challenge its two orders on the issue of his date of birth.

Senior ministry officials were caught unaware when the news broke this afternoon.

The ministry, however, refused to issue any comment on the development.

Sources said the ministry was weighing the options available with it and waiting to have a look at the petition filed by Gen Singh.

The Army Chief moving the apex court has come at a time when Defence Secretary Shashikant Sharma is out of the country on a two-day visit to Malaysia to strengthen bilateral ties with that country.

Gen Singh moved the supreme court challenging the government's rejection of his claim on his date of birth while making it an issue of his "honour and integrity".

The defence ministry has twice rejected Singh's contention that he was born in 1951 and not in 1950.

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Varied response from Cong on Army Chief moving court

New Delhi, Jan 16 (PTI) Army Chief Gen V K Singh's action to move the supreme court against the government rejecting his claim on his date of birth has drawn varied response from the Congress.

Party spokesperson Abhishek Singhvi distanced the party from the issue saying it is a matter between the person who has gone to the court and the court, while AICC secretary Praveen Davar condemned the move.

"Ex-service officers strongly condemn Army chief's move to go to court. It is not in tune with Army's ethos, tradition and decorum. Chief of Army Staff appears to have been badly advised," Davar said.

Davar, who is Secretary of the Ex-Servicemen Department of the AICC and is himself an ex-Army officer, claimed his view is shared by a large number of ex-Army officers.

Singhvi, however, at the AICC briefing said, "If it has happened, it is a matter between the person concerned, who has gone to the court and the court. Where is the question of us commenting on it. What comment a political party will make on it."

He had initially refused to make any comment saying he was not aware of it when reporters sought his reaction to the unprecedented development.

In his writ petition, Gen Singh is believed to have questioned the government's decision to treat his date of birth as May 10,1950 instead of May 10,1951 as claimed by him on the basis of his matriculation certificate and other documents.

The fact that there are different views in the Congress on the issue became evident when party general secretary Digvijay Singh had in a tweet on December 31 commented "very unfortunate Gen VK Singh one of the most honest Army Officers has to retire for a mistaken date of birth in his record."

Singh's support to the Army chief was not isolated.

A letter written by former Punjab Chief Minister and PCC chief Amrinder Singh had also surfaced a few days back in which the Congress leader had strongly backed the Army chief.

The party, had, however, distanced itself from his comments and Amrinder had also later described his views on the issue as that made in "individual" capacity.

A section of party leaders, speaking on the condition of anonymity, had been maintaining earlier that it would have been better had the controversy not been allowed to go this far and that it would be really embarrassing if the supreme court gives some decision against the government's stand.

Earlier Report

Army Chief drags govt to SC on age issue

New Delhi, Jan 16 (PTI) Army Chief Gen V K Singh on Monday took the unprecedented step of dragging the government to the supreme court before which he has challenged its decision over his date of birth that will mean that he retires in May next.

Making it an issue of his "honour and integrity", Gen Singh filed a writ petition in the apex court after exhausting all statutory options within the defence ministry which had recently rejected his contention that he was born in 1951 and not 1950.

The petition challenges the July 21, 2011 order of the defence ministry which fixed the date of birth as May 10, 1950 and the December 30,2011 decision by which his statutory complaint was rejected.

He has sought a direction for declaring May 10,1951 as the correct date of birth.

The General's action is without parallel in the history of India's defence forces and is bound to cause acute embarrassment to the government besides raising concerns about the relationship between civilian authority and the Services.

There was speculation on whether the Army Chief would step down or proceed on leave as the supreme court deals with his petition, but there was no indication to this effect.

Gen Singh is believed to have stated in his voluminous petition that the issue was not about his tenure but that of his integrity as head of the 13-lakh strong army.

The legal challenge marks the culmination of a simmering row between the General and the defence ministry arising out of two different dates of birth in the Army's files.

On the basis of his matriculation certificate and other documents, Gen Singh's date of birth is May 10,1951 and was accepted by the ministry for most of his service.

However, another document in the shape of his UPSC entrance form filled for NDA course shows the date as May 10, 1950. This is said to have emerged in 2006 since when the matter has been pending.

The petition, filed by counsel Punit Bali, has contended that for 36 years, the army had accepted 1951 as his year of birth and he had got promotions on that basis. He questioned why the government wants to change the date of birth now.

The General is believed to have pointed out that the supreme court had ruled that the matriculation certificate was an authentic proof of date of birth in service matters.

Interestingly, at a press conference on Friday last, the Army Chief had kept his options open on the issue without disclosing the strategy.

Asked if he was contemplating resignation, he had said, "Please leave it to my judgement what do I want to do. It is an issue that concerns me. Let me decide on some action after I get time to think about myself."

Queried if he was not ruling out resignation, he said "let me find time time to think about myself."

Gen Singh, who took over as the Army Chief on March 31, 2010, has been maintaining that the issue related to his "integrity and honour".

He had said that he tackled the issue in "organisational interest".

A para-commando and veteran of 1971 Indo-Pak war succeeded Gen Deepak Kapoor.

Antony, while rejecting Gen Singh's statutory representation, had sent a letter to him expressing full confidence in his leadership.

Home Minister P Chidambaram, a member of the Appointments Committee of Cabinet, last week told a press conference that the age issue of Gen Singh had been dealt with "fairly and justly".

"We hold the Army Chief in great respect. He is a fine soldier. He has done remarkable service to the country. We are unhappy that the controversy should have erupted but I am hopeful that that controversy will be resolved," Chidambaram had said.

Gen Singh has been contending that May 10, 1951 should be treated as his actual date of birth as it was mentioned in his matriculation certificate but the defence ministry has rejected it as May 10, 1950 is the date entered in his UPSC entrance form for National Defence Academy (NDA).

By the government decision, he will retire on May 31 this year.

Interestingly, at a press conference on Friday last, the Army Chief had kept his options open on the issue without disclosing the strategy.

Asked if he was contemplating resignation, he had said, "Please leave it to my judgement what do I want to do. It is an issue that concerns me. Let me decide on some action after I get time to think about myself."

Queried if he was not ruling out resignation, he said "let me find time time to think about myself."

Gen Singh, who took over as the Army Chief on March 31, 2010, has been maintaining that the issue related to his "integrity and honour".

He had said that he tackled the issue in "organisational interest".

A para-commando and veteran of 1971 Indo-Pak war succeeded Gen Deepak Kapoor.

Antony, while rejecting Gen Singh's statutory representation, had sent a letter to him expressing full confidence in his leadership.

Home Minister P Chidambaram, a member of the Appointments Committee of Cabinet, last week told a press conference that the age issue of Gen Singh had been dealt with "fairly and justly".

"We hold the Army Chief in great respect. He is a fine soldier. He has done remarkable service to the country. We are unhappy that the controversy should have erupted but I am hopeful that that controversy will be resolved," Chidambaram had said.