Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Restructuring of officers' cadre of the-Army Armed Forces Tribunal Act 2007 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Armed Forces Tribunal Act, 2007 (55 of 2007) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Armed Forces Tribunal Act, 2007 — s. 31 — Restructuring of officers’ cadre of the Army — Recommendations by the AVS Committee — Sanction of additional vacancies in the rank of Colonel - Additional vacancies released in two phases — Fist tranche of vacancy distributed amongst Arms, Arms Support and service on pro rata basis — Denial of pro-rata share in the 2nd tranche of the additional vacancies released by the Government —- Government policy, challenge to, by the respondents, serving in the Arms Support and Service Corps of the Army — Tribunal quashed the policy cimeular issued by the Government of India — Issuance of direction to Union of India to consider the respondents for promotion to the rank of Colonel by creating supernumerary posts — On appeal, held: The Committee recommended lowering of age profile and consequent creation of additional vacancies for Arms and Arms Support- Operational Units(Armoured Corps, Infantry, Mechanised Infantry, Artillery, AD, Engineers and signals) and not for services stream (ASC, AOC, EME and other Minor Corps) — Since ASC, AOC, EME Officers did not benefit, there was neither any violation of the recommendations made by Committee nor was the distribution of the additional vacancies discriminatory — Recommendations of the Committee regarding allocation of additional vacancies on “Command Exit Model” basis was accepted by the Government and allocation of first tranche of 750 vacancies by Army Headquarters on pro rata basis contrary to the Government decision and the recommendations of the Committee did not affect the validity of the decision nor amounts to reversal of the said decision — There was no illegality, irregularity or unfairness in the matter of allocation of vacancies to Arms Support on “Command Exit Model” principlé ~ Allocation of 734 vacancies, comprising second tranche, on standalone basis, is the only right method for allocation ~ Further, |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 173 |
Petitioner | Union Of India And Anr. |
Respondent | Lt. Col. P.k. Choudhary And Ors. |
SCR | [2016] 2 S.C.R. 426 |
Judgement Date | 2016-02-15 |
Case Number | 3208 |
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