Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Seniority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Seniority- Inter se seniority-Armed Forces - Ministry of Defence (Navy) made detailed scheme providing c that for maintaining inter se seniority, Commanders (Time Scale) and Lieutenant Commanders who were finally superseded became eligible for promotion to Captain (Time Scale) only after all erstwhile acting Commanders (Select List) were promoted to Captain (Select List)!Captain (Time Scale)! retired - Contention that the scheme if implemented then no Commander (Time Scale) would ever be considered for promotion to the rank of Captain (Time Scale) for a long time as most of them would retire before they could be considered for promotion to the rank of Captain (Time Scale) - Held: Not tenable - The scheme protected the inter se seniority amongst officers as per Navy list, which provided that Commander (Select) and acting Commander would rank senior to Commander (Time Scale) even if Commander (Time Scale) has put in more years of service as Commander (Time Scale). The AVS Committee considered the issues of cadre stagnation and mobility in Armed Forces and made certain recommendations. The Army and Air Force duly promoted all its commissioned officers who had completed 20 years reckonable commissioned services in compliance of recommendation of the AVS report. Pursuant thereto, by f . communication dated 14.3.2005, the Ministry of Defence (Navy) made a detailed scheme providing promotions to non-select ranks. It provided that in order to maintain existing inter-se seniority, Commanders (Time Scale) and A Lieutenant Commanders who were finally superseded would became .eligible for promotion to Captain (Time Scale) only after all erstwhile acting Commanders (Select List) are promoted to Captain (Select List)/Captain (Time Scale)/retired. Appellant joined Indian Navy in 1978 as a Commissioned Officer and was serving in the rank of Commander (Time Scale) w.e.f. 10.1.1999. Aggrieved by the stipulations contained in the communication dated 14.3.2005, appellant an,d others made representation which were rejected. Thereafter appellant filed writ petition, which was dismissed. In appeal to this Court, it was contended for the appellant that if the impugned Naval policy is implemented then no Commander (Time Scale) could ever be considered for promotion to the rank of Captain (Time Scale) for a long time as most of them would retire before they could be considered for promotion to the rank of Captain (Time Scale). |
Judge | Hon'ble Mr. Justice B. Sudershan Reddy |
Neutral Citation | 2009 INSC 355 |
Petitioner | Ravindera Sadashio Kshirsagar |
Respondent | Union Of India & Ors. |
SCR | [2009] 4 S.C.R. 436 |
Judgement Date | 2009-03-16 |
Case Number | 1611 |
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