TA No. 385/2009 (WP (C) 7811/2009). Case: Group Captain Atul Shukla Vs Union of India and Others, [Alongwith TA No. 386 of 2009 (WP (C) 9772/2009) and OA No. 99/2009]. Armed Forces Tribunal
Case Number | TA No. 385/2009 (WP (C) 7811/2009) |
Counsel | For Appellant: Mr. S.S. Pandey, Advocate and For Respondents: Mr. R. Balasubramanian, ASG |
Judges | A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member (A) |
Issue | Constitution of India - Articles 14, 16 |
Judgement Date | Thursday May 02, 2013 |
Court | Armed Forces Tribunal |
Judgment:
A.K. Mathur, J. (Chairperson), (Principal Bench At New Delhi)
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All the above three petitions involve similar question of law, therefore, they are disposed of by a common order. For convenient disposal of all these petitions, the facts given in the case of Gp. Capt. Atul Shukla [TA No. 385/2009 (WP No. 7811/2009)] are taken into consideration.
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This writ petition was transferred by the Hon'ble Delhi High Court to this tribunal on its formation.
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Petitioner by this petition has prayed by appropriate directions the letter dated 16.06.2008 and policy dated 12.01.2009 may be quashed whereby respondent have fixed the age of superannuation in respect of the petitioner Gp Captain at 54 years. He has also prayed that respondent may be directed to allow the petitioner to continue to serve till the completion of 57 years with all consequential benefits.
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The petitioner was commissioned in the Indian Air Force on 13.6.1974 in the logistic branch. He became Group Captain (Time Scale) on 16.12.2004. His date of retirement in existing position as per the age of superannuation i.e. 54 years is 30.6.2009. Whereas according to petitioner, he is entitled to continue till the age of 57 years and he should be retired on 30.06.2012.
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It is alleged that petitioner was considered for the promotion to the rank of Group Captain for the first time and thereafter second and third time in review but he could not be empanelled even though he was fit in all respects. It is alleged that during these years the retirement age of Central Government Employees was increased from 58 years to 60 years by the Govt. then in power. Thereafter, this was again reduced to 58 years. Normally three courses, one of each year are considered for promotion together i.e. in 2000 the courses considered will be 1999, 2000 and 2001 & so on. However, during this period the age of retirement being increased and then subsequently decreased resulted in bunching up of as many as seven courses at a time for the limited amount of vacancies.
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That on 16.12.2004, the Respondent No. 1 implemented the AV Singh Committee recommendation regarding improvement of the career prospect of the officers of the Armed Forces by introducing, for the first time, the Rank of Group Captain (Time Scale) after completion of 26 years of service for those officers who could not be promoted in the select rank of Group Captain due to competitive merit or lack of vacancy.
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It is alleged that on the basis of the recommendation of AV Singh Committee to abolish the rank of Wg Cdr (Time Scale) which was granted to those officers prior to promulgation of AV Singh Committee recommendations, who could not be promoted to the rank of Wing Commander on completion of 21 years of service with same retirement of age as that of select grade Wing Commander based on the said Committee. However, every officer who had completed 13 years of service was made eligible for promotion to the rank of substantive Wing Commander after implementation of the AV Singh Committee report.
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The Air Headquarter Human Resource issued a policy dated 12.01.2009 on the recommendations of the AV Singh Committee report. As per the report, a detailed policy was laid down for consideration for promotion and laid down reckonable period of commission service for each post like Flight Lt. - 2 years, Sqn Leader - 6 years, Wing Commander 13 years and Group Captain 26 years. They laid criteria for promotion of Wing Commander to Group Captain (Time Scale) for which they were required to consider 3 years report and age of superannuation was mentioned "The age of superannuation for Gp Capt (TS) would be same as it is for the rank of Wg Cdr in respective branches. Therefore, there is no change in the retirement age of a Wg Cdr on being promoted to the rank of Gp Capt (TS)" i.e. 54 years.
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However, petitioner could not be promoted in selection to the post of Gp. Capt and he was informed by communication dated 16.06.2008 that he will be retiring from service on completion of 54 years of age whereas normal age in respect of Gp Captain is 57 years.
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Petitioner was made substantive Gp Capt (TS) on 10.01.2006 published in the Gazette dated on 05.08.2006. It was pointed out that Gp Capt (TS) are identical to Gp Capt (Select) the financial powers given to Gp Capt (Select) are also vested with Gp Capt (TS). The duty discharged by both Gp Capt (Select) and Gp Capt (TS) are identical. The Pay Scale & Grade Pay of both i.e. Gp Capt (Select) & Gp Capt (TS) is same after 6th Pay Commission.
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It is pointed out that in the Air Force, the Fighting Branch is Flying Branch, the remaining branches have similar nature of duties. Therefore, it is submitted that the incumbent by rank Gp Capt (TS) discharges all administrative functions as Gp Capt (select) except flying functions. He is getting same pay scale, grade pay & wears same rank but he has been discriminated in matter of age of superannuation. Gp Capt (TS) has to retire at the age of 54 years and Gp Capt (Select) has to retire at the age of 57 this is discriminatory, it is...
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