After being pulled up by the apex court during the last hearing, the government is likely to file its reply on the matter today.
The SC on February 3 had given an option to the government to "withdraw" its December 30, 2011 order rejecting the Army Chief’s statutory complaint, saying it "appears to be vitiated".
Gen Singh had earlier this week submitted before the Supreme Court additional documents to support his case for restoring his date of birth as May 10, 1951. The documents relate to the Army Rules on Commissioning of officers.
The petition filed by Gen Singh seeks to set aside two orders rejecting his plea.
During the last hearing, the SC had said that there were other remedies available for Gen Singh if the government withdraws its December 30, 2011 order.
"Be clear whether you want to withdraw this December 30 order, or we quash the order," the court had said at one point prompting Attorney General GE Vahanvati to say he would take instructions from the government.
Posing questions to the government, a bench comprising justices RM Lodha and HL Gokhale had said in that case Gen Singh's statutory complaint against July 21 order can be reconsidered by the authorities and there was also an option for him to approach the Armed Forces Tribunal or the High Court.
However, later the bench observed that approaching the Tribunal would not be the best option as only four months are left for him to retire.
It also said that though the tribunal is headed by a retired judge of the apex court, there are also members who come from the services and there is a possibility that they could either be junior or senior to Gen Singh at some point of time.
The apex court felt that the December 30 order rejecting Gen Singh's statutory complaint for treating his age as May 10, 1951 was vitiated as the decision taken by the authority was in consultation with opinion of the Attorney General on whose opinion also the first order was passed on July 21 last year.
Gen Singh had moved the apex court in January this year accusing the government of treating him in a manner reflecting total lack of adherence to procedure and principles of natural justice in deciding his age.
The Army Chief took the unprecedented step of dragging the government to the apex court after the Defence Ministry had insisted upon treating May 10, 1950 as his official date of birth, necessitating his retirement on May 31 this year.
Challenging the government's decision to determine May 10, 1950 as his date of birth, Gen Singh, in a 68-page petition, has maintained that his acceptance of 1950 as the year of his birth was given in good faith at the behest of the then chief of Army Staff and not due to agreement with the conclusion of the Military Secretary's Branch.
"The respondent (government) needs to explain as to why the senior most officer of the Army could be treated in a manner which reflects total lack of procedure and principles of natural justice and that too on an opinion obtained from the Attorney General," his petition said.
Gen Singh stated that the government's action and conduct in refusing to accept his contention on his birth date was affecting his image before the general public and the armed forces.
It was his right to have a "dignified life", he pleaded in the petition, adding that an Army Chief has "a right to retire with dignity".
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