AFT | Court demands ‘reasoned speaking order’ explaining as to why the beneficial provisions were not extended when it should have been

Armed Forces Tribunal, New Delhi: The Bench of Virender Singh, J. (Chairperson) and Let. Gen. N.B. Singh, Member (A), disposed of a petition with the directions to the respondents to consider the claim of the applicant, treating this original application as his representation and dispose of the same with a reasoned speaking order.

In the present matter, the applicant’s grievance was that he was denied promotion to the rank of Naib Subedar, and was superseded being overage. The reason as stated by the applicant through his counsel, Ajit Kakkar being, since he was on UN Mission in Sudan, therefore he could only be detailed on the promotion cadre course only upon de-induction. Further, that he had passed the cadre on 05-05-2019 and despite there being a vacancy on 01-06-2019, he was not promoted and later was superseded. In the pertinent matter, the Counsel for the respondent were, Jyotsana Kaushik and Maj Priti Tyagi, OIC, Legal Cell.

The Court was of the opinion that the “delayed de-induction from Sudan, due to service exigencies was squarely responsible for his non-availability for the promotion cadre course”.  Further, when there is also a provision for age and service limit waiver by COAS, it was inexplicable as to why the beneficial provisions of the Regulations and Policies were not been considered. Therefore, the Court directed the respondents to consider the claim of the applicant, treating this OA as his representation and dispose of the same with a reasoned speaking order.[Hav Rajesh P v. Union of India, 2019 SCC OnLine AFT 1431, decided on 13-05-2019]

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