Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 1526 - SUPREME COURTPromotion to the post of Additional Major General (Litigation) in the Judge Advocate General's Branch with all consequential benefits from the date of declassification of No. 1 Selection Board's result on 05.05.2021 - case of the Appellant is that in the Indian Army, every staff selection, whether it is an appointment or promotion is done by following a prescribed procedure under the Rules - HELD THAT:- Firstly, as noted from Regulation 67(b), an officer in SHAPE-2 also can be considered for promotion provided the Medical Board finds the officer to be capable of performing the normal active service duties. In the instant case, the Respondent is the JAG officer and even if promoted would generally perform his duties in the headquarters. It cannot be disputed that as contended by the learned ASG the services may require him to occasionally go to high altitude areas. In that regard, a consideration of the Medical Board opinion during April 2018 records that the Respondent is unfit for high altitude employability i.e., 9000 feet and above. As on the date of consideration by No. 1 Selection Board, undisputedly the Respondent was in SHAPE-2 medical condition - while providing for objectivity in the selection process, apart from the overall performance of the officer, the employability of the officer in the next higher rank is to be kept in view by the Selection Board. The Regulations while providing for the consideration empowers the Chief of Army Staff to ultimately take a decision. The role of the Military Secretary is only to bring to the notice of the Chief of the Army Staff if the officer concerned has been graded against the guidelines in the board grading. When the No. 1 Selection Board had taken note of the medical records as it existed earlier, in the background of nature of employability of the Respondent, which was approved by the Chief of Army Staff and further when there is medical record to indicate that the medical condition of the Respondent has improved for the better and the AFT while arriving at its conclusion has kept in view all aspects of the matter, such consideration would not call for interference. It is contended that given the time lag between declassification of the Selection Board results and the physical promotion of an officer, it should be ensured that only those officers who are in acceptable medical category are promoted to the next higher rank. The said requirement also cannot act as a bar in the instant case, since as noted above, firstly there is an improvement in the health condition and the Respondent is opined to be in SHAPE-1 by the Medical Board. Even otherwise as noted, the medical condition was kept in view by the No. 1 Selection Board and all competent authorities, in the backdrop of employability and there is no other additional medical disability acquired by the Respondent during the period of time lag, if any. There are no reason to interfere with the order passed by the AFT impugned herein, which shall therefore be implemented forthwith. The appeal being devoid of merit stands dismissed.
|