Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces Permanent Secondment Eligibility criteria |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Armed Forces: Permanent Secondment – Eligibility criteria – Office Memorandum dated 12.05.2011 – Respondent was commissioned in the Indian Army in 1994 – While holding the post of Lt. Colonel in the Indian Army, he was posted in Directorate General Quality Assurance (DGQA) – After completion of two years of service therein, he fell in the zone of consideration of Permanent Secondment – Respondent’s case was considered by the Quality Assurance Selection Board (QASB) held on 17.02.2016, however, he was not recommended for Permanent Secondment as in the Technical Assessment Reports (TAR) for the year 2014-15, he was declared ‘Not Yet Fit’ for permanent secondment in DGQA and for the year 2015-16, in the TAR, he was declared ‘Not Fit’ – Thereafter, he was reverted to the Indian Army – Respondent filed writ petition before High Court contending that he fulfilled the requirements of Office Memorandum dated 12.05.2011 which sets out the criteria to be followed for grant of Permanent Secondment to service officers of the rank of Lt. Colonel in DGQA – High Court held that TARs are not to be taken into consideration – Whether TARs of an Army officer are to be taken into consideration while considering his case for Permanent Secondment in DGQA after the office memorandum dated 12.05.2011 came into force – Held: Initially, as per Office Memorandum of 8.4.2004, the consideration for Permanent Secondment to the DGQA was based on the TARs – Office Memorandum dated 12.05.2011 does not refer to the TARs – Office Memorandum dated 12.05.2011 clearly lays down that the criteria laid down therein would only apply to all service officers inducted into DGQA – Office Memorandum of 2011 supersedes all previous instructions/guidelines issued on this subject – This also includes the guidelines of 8.4.2004 as there is no exception for the same – No interference with the order of High Court called for. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1307 |
Petitioner | Union Of India & Ors. |
Respondent | Lt. Col. Sameer Singh |
SCR | [2019] 14 S.C.R. 414 |
Judgement Date | 2019-12-02 |
Case Number | 9143 |
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