MANU/SC/0866/2014
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 4717-4719, 7219, 7220, 7221, 7223, 7228, 6185, 6193, 6220, 10955, 10954, 9592 and 9645 of 2013, 91 and 689 of 2014
Decided On: 24.09.2014
Appellants: Union of India (UOI) Vs. Respondent: Atul Shukla
Hon'ble Judges/Coram:
T.S. Thakur and C. Nagappan JUDGMENT
T.S. Thakur, J.
1. These appeals arise out of separate but similar orders passed by the Armed Forces Tribunal, Principal Bench, New Delhi, whereby the Tribunal has allowed the petitions filed by the Respondents holding them entitled to continue in service upto the age of 57 years in the case of officers serving in the ground duty branch and 54 years in the case of those serving in the flying branch of the Indian Air Force. The solitary question that falls for our consideration, therefore, is whether the Respondents who at the relevant point of time held the rank of Group Captain (Time Scale) in the Indian Air Force were entitled to continue in service upto 54 and 57 years depending upon whether they were serving in the flying or ground duty branch of the force. The question arises in the following backdrop:
2. Post Kargil War, the Government of India constituted a Committee headed by Ajay Vikram Singh, former Defence Secretary (hereinafter referred to as AVS Committee) to study ways and means that would help ensure a "younger age profile" for the commanding officer in the Indian Armed Forces. The Committee made its recommendations in regard to all the three wings of the armed forces which were considered and accepted by the Government culminating in the issue of separate orders regarding re-structuring of the officers cadre in the Army, Navy and the Air Force. In so far as the Indian Air Force was concerned, the Government of India by an order dated 12th March, 2005 revised the terms and conditions applicable to Air Force Officers excluding officers serving in the medical and dental branch. The order was to the following effect:
ANNEXURE P-2
No. 2(2)/Us(L)/D(AIR-III)/04
Bharat Sarkar/Government of India
Raksha Mantralay/Ministry of Defence
New Delhi-110011
March 12, 2005
To
The Chief of Air Staff
Air Headquarters,
Vayu Bhawan,
New Delhi.
Subject: Restructuring of the officers cadre of the air force.
Sir,
1. The President is pleased to sanction revision of various terms of service for Air Force Officers as given in the succeeding paragraphs excluding officers of Medical and Dental Branch.
2. Substantive Promotion:
To reduce the age profile and supersession levels in the Air Force as also to improve vertical mobility, promotion to the substantive ranks of officers will be made on completion of reckonable commissioned service as indicated below:
3. Promotion accruing from Para 2 above shall also be subject to the officers fulfilling other criteria to be notified immediately by the Air Headquarters: through Air HQ Human Resource Policy. Loss of seniority for non qualification in promotion examinations already awarded will continue to hold good.
4. Those serving in the rank of Wg Cdr (Time Scale) will now be eligible for grant of the substantive rank of Wg Cdr. On grant of substantive rank of Wg Cdr these officers would become eligible for consideration for Gp Capt (Select)/Gp Capt (Time Scale) provided that;
(a) Those who have attained the rank of ........