NDLI: Air Commodore Naveen Jain Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Merit-cum-seniority or Seniority-cum-merit Armed Forces Tribunal Act Promotion policy Criteria 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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Armed Forces Tribunal Act, 2007: Promotion policy – Criteria – Merit-cum-seniority or Seniority-cum-merit – Appellant along with nine other officers were considered for promotion against five vacancies in the rank of Air Vice Marshal – Appellant could not be promoted though he was first in the merit list in view of the fact that he was placed at serial no.3 in the seniority in the select list of four candidates – The first officer on the select list was promoted to the rank of Air Vice Marshal against the first available vacancy whereas, next two vacancies arose after the appellant attained the age of superannuation – Since there was no post available for his promotion prior to his superannuation, he was not promoted – Appellant filed Original Application (OA) before the Tribunal claiming promotion to the rank of Air Vice Marshal – Grievance of appellant was in respect of lost chances of promotion inasmuch as he attained the age of superannuation before the vacancy arose – Tribunal dismissed OA – Hence instant appeal – Held: Clauses 17 and 22 of Promotion Policy dated February 20, 2008 are categorical that the select list of officers will be prepared from merit list and rearranged in order of seniority – Thus, the final list of the candidates falling within the zone of consideration in terms of clause 11 and who are eligible in terms of clause 13 is determined first by preparing the merit list on the basis of AR marks and Board marks – Thereafter, the names of the officers found meritorious are to be rearranged in order of seniority – Thus, it ensures that the candidates falling within the zone of consideration are short listed for promotion but ultimate promotion from amongst the selected candidates is on the basis of seniority – Such policy per se cannot be said to be illegal, arbitrary and discriminatory so as to attract the violation of either Art.14 or Art.16 of the Constitution – Tribunal was right in not interfering with the said Policy – Constitution of India – Arts.14 and 16 – Judicial review. Service law: Promotion Policy – Judicial review of – The Promotion Policy can be struck down only if the policy has no reasonable nexus with the objective to be achieved and is discriminatory – The lack of vacancy is not a ground on the basis of which promotion policy can be struck down – In the instant case, mere fact that the appellant could not be promoted on account of non-availability of vacancies before his superannuation is not a ground on which the Promotion Policy can be struck down – Administrative law.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 1120
Petitioner	Air Commodore Naveen Jain
Respondent	Union Of India & Ors.
SCR	[2019] 13 S.C.R. 241
Judgement Date	2019-10-03
Case Number	3019

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