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Armed Forces Tribunal, Regional Bench, Kochi O A ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O A Nos.58, 92, 105, 106,120 and 125 of 2013 FRIDAY , THE 10TH DAY OF JANUARY, 2014/20TH POUSHA, 1935 CORAM: HON'BLE MR. JUSTICE SHRIKANT TRIPATHI, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN,AVSM & BAR, NM, MEMBER (A) OA No.58 of 2013: APPLICANT : GROUP CAPTAIN SAJI ABRAHAM (16647) ADM, HQ, SAC IAF, AAKULAM, THIRUVANANTHAPURAM – 695 031. BY ADV. SRI. BIJU ABRAHAM. versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110001. 2. CHIEF OF AIR STAFF, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 3. AIR OFFICER IN CHARGE, PERSONNEL, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 4. AIR OFFICER COMMANDING IN CHIEF, HEADQUARTERS, SOUTHERN AIR COMMAND, AAKULAM, THIRUVANANTHAPURAM – 695 031. 5. COMMANDING OFFICER, HEADQUARTERS, SOUTHERN AIR COMMAND UNIT, AAKULAM, THIRUVANANTHAPURAM - 695 031. BY ADV. SRI. P.J. PHILIP, CENTRAL GOVT. COUNSEL. OA No.92 of 2013: APPLICANT: GROUP CAPTAIN JK CHANDNA (17043) ADM, 2 AIR FORCE SELECTION BOARD, MYSORE. BY ADV. SRI. BIJU ABRAHAM. OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 2 : versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110001. 2. CHIEF OF AIR STAFF, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 3. AIR OFFICER IN CHARGE, PERSONNEL, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 4. AIR OFFICER COMMANDING IN CHIEF, HEADQUARTERS, SOUTHERN AIR COMMAND, AAKULAM, THIRUVANANTHAPURAM – 695 031. 5. AIR OFFICER COMMANDING, NO.2 AIR FORCE SELECTION BOARD, CV COMPLEX, SIDHARTH NAGAR, MYSORE (KARNATAKA) – 570 011. BY ADV. SRI. TOJAN J. VATHIKULAM, CENTRAL GOVT. COUNSEL. OA No.105 of 2013: APPLICANT: GROUP CAPTAIN SK MITTAL, VSM (17051) ADM, S/O. L.D. MITTAL, AGED 54 YEARS OF CHAF, BANGALORE, HAVING PERMANENT ADDRESS AT C/O. DILA RAM LACHMAN DASS RAMAN – 151301, DISTT. BATHINDA (PB). BY ADV. SRI. BIJU ABRAHAM. versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110001. 2. CHIEF OF AIR STAFF, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 3. AIR OFFICER IN CHARGE, PERSONNEL, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 4. AIR OFFICER COMMANDING IN CHIEF, HEADQUARTERS, TRAINING COMMAND, JC NAGAR POST, BANGALORE – 06. OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 3 : 5. COMMANDANT, COMMAND HOSPITAL, AIR FORCE, AGRAM POST, BANGALORE – 560007, (KARNATAKA). BY ADV. SRI. TOJAN J. VATHIKULAM, CENTRAL GOVT. COUNSEL. OA No.106 of 2013: APPLICANT: GROUP CAPTAIN S. BANERJEE (17066-K), ADM, S/O LATE AJIT KUMAR BANERJEE, AGED 54 YEARS, RETIRED ON 30. JUNE 2013, AS DY. CHIEF ADMINISTRATIVE OFFICER. OF CHAF, BANGALORE HAVING PERMANENT ADDRESS AT NO.04, YASH CLASSIC ENCLAVE (PHASE I), HENNUR ROAD, BANGALORE – 560 043. BY ADV. SRI. BIJU ABRAHAM. versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110001. 2. CHIEF OF AIR STAFF, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 3. AIR OFFICER IN CHARGE, PERSONNEL, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 4. AIR OFFICER COMMANDING IN CHIEF, HEADQUARTERS, TRAINING COMMAND, JC NAGAR POST, BANGALORE – 06. 5. COMMANDANT, COMMAND HOSPITAL, AIR FORCE, AGRAM POST, BANGALORE – 560007, (KARNATAKA). BY ADV. SRI. TOJAN J. VATHIKULAM, CENTRAL GOVT. COUNSEL. OA No.120 of 2013: APPLICANT: GROUP CAPTAIN S.L. SHIVA PRASAD (18667 G), AE (L), S/O. S.R. LAKSHMANA SETTY, AGED 54 YEARS, RETIRED AS HOSPITAL IT OFFICER, OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 4 : COMMN OFFICER & STO (MT) OF CHAF, BANGALORE, HAVING PERMANENT ADDRESS AT NO.147, FIRST MAIN ROAD, SEVENTH BLOCK, KORAMANGALA, BANGALORE – 560 095. BY ADV. SRI. BIJU ABRAHAM. versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110001. 2. CHIEF OF AIR STAFF, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 3. AIR OFFICER IN CHARGE, PERSONNEL, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 4. AIR OFFICER COMMANDING IN CHIEF, HEADQUARTERS, TRAINING COMMAND, JC NAGAR POST, BANGALORE – 06. 5. COMMANDANT, COMMAND HOSPITAL, AIR FORCE, AGRAM POST, BANGALORE – 560007, (KARNATAKA). BY ADV. SRI. S. KRISHNAMOORTHY, SENIOR PANEL COUNSEL. OA No.125 of 2013: APPLICANT: GROUP CAPTAIN M. NITHYANANDAN (17767 F), ADM, S/O.LATE MR. S.S. MOSES, AGED 53 YEARS AND 08 MONTHS, SERVING AS AN ADMINISTRATIVE OFFICER AT AIR FORCE STATION, JALAHALLI (WEST), BANGALORE – 560 015, HAVING PERMANENT ADDRESS AT NO.374/3, OFFICERS ENCLAVE, AIR FORCE STATION, JALAHALLI (EAST), BANGALORE – 560 014. BY ADV. SRI. BIJU ABRAHAM. versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110001. OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 5 : 2. CHIEF OF AIR STAFF, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 3. AIR OFFICER IN CHARGE, PERSONNEL, AIR HEADQUARTERS (VAYU BHAVAN), RAFI MARG, NEW DELHI – 11. 4. AIR OFFICER COMMANDING IN CHIEF, HEADQUARTERS, TRAINING COMMAND, JC NAGAR POST, BANGALORE – 06. 5. AIR OFFICER COMMANDING, AIR FORCE STATION, JALAHALLI, BANGALORE – 560 015, KARNATAKA. BY SMT.E.V.MOLY, CENTRAL GOVT. COUNSEL ORDER Shrikant Tripathi, Member (J): 1. In all these matters, the question whether the Group Captains (Time Scale) are entitled to be treated at par with the Group Captains (Select) regarding the age of superannuation and as such, are entitled to serve the Air Force up to the age of 57 years in place of 54 years has arisen, therefore, with the consent of the learned counsel for the parties, all these cases were heard together and are being disposed of by this common order. 2. The applicant, Group Captain Saji Abraham, No.16647, who filed O.A.No.58 of 2013, retired as Group Captain (Time Scale) from the Air Force service during the pendency of the instant petition on OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 6 : 31st May, 2013. He had prayed for a stay against his retirement, but it was denied. However, the Hon'ble High Court of Kerala, in O.P.(AFT) No.1867 of 2013, preserved the rights whatsoever of the applicant. If the age of retirement of this applicant had been 57 years instead of 54 years, he would have continued in service upto 31st May, 2016. 3. The next applicant, Group Captain JK.Chandna, No.17043, filed O.A.No.92 of 2013. He too had prayed for stay against retirement, but could not obtain the same and accordingly retired from service on 31st July, 2013 as a Group Captain (Time Scale) on attaining the age of 54 years. This Bench while dismissing the stay application, however, protected his rights also. If the age of retirement of this applicant had been 57 years instead of 54 years, he would have continued in service upto 31st July, 2016. 4. The third applicant, Group Captain SK Mittal, No.17051 has filed OA No.105 of 2013. He also had sought for the interim relief of stay against his retirement. Though the OA was admitted, but no stay against retirement was granted. Accordingly, he retired from the Air Force service on 31st August, 2013. The applicant claims that he is entitled to continue in service till 31st August, 2016. OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 7 : 5. The next applicant, Group Captain S.Banerjee, No.17066 K, has filed OA No.106 of 2013. Though the applicant had sought for extension of service up to the age of 57 years by the petition dated 16.5.2013 (Annexure A4), but no communication regarding the extension was received, so he retired from service on 30th June, 2013 prior to the institution of the OA. According to the applicant, he is entitled not only to be reinstated but is also entitled to continue in service up to 30th June, 2016. 6. The applicant, Group Captain S.L.Shiva Prasad, No.18667 G, has filed O.A.No.120 of 2013. He had retired from service on 28th February, 2013 before the institution of the OA. According to him, he is not only entitled to be reinstated but is also entitled to continue in service up to 28th February, 2016. 7. The applicant, Group Captain M.Nithyanandan, No.17767 M, has filed OA No.125 of 2013. He is due to retire on 31.12.2013 on attaining the age of 54 years. According to him, he is entitled to continue in service till he attains the age of 57 years, therefore, he is entitled to continue in service up to 31st December, 2016. OA Nos. 58, 92, 105, 106, 120 & 125 of 2013 : 8 : 8. We have heard Mr.Biju Abraham for the applicants and Mr.P.J. Philip, Mr.Tojhan J. Vathikulam, Mr.Krishnamoorthy and Smt.E.V. Moly for the respondents. 8A. It is admitted to the parties that prior to the implementation of the report of the Committee headed by Mr.Ajai Vikram Singh, the then Secretary, Ministry of Defence, Government of India, (hereinafter referred to as the AVSC Committee), there had been two categories of Wing Commanders in the Air Force, and equivalent ranks in the Army and Navy, and they were Wing Commander (Select) and Wing Commander (Time Scale). Other ranks inferior to the Wing Commander had the time bound promotion scheme on completion of specified tenure. For promotion to the rank of Wing Commander (select) and equivalent ranks in the Army and Navy, there was a provision of selection on merit. But due to lack of adequate vacancies, most of the Commissioned Officers used to continue below the rank of Wing Commander.
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