ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI

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1 ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A.NO. 269 of 2016 WEDNESDAY, THE 01ST DAY OF NOVEMBER, 2017/10TH KARTHIKA, 1939 CORAM: HON'BLE MR. JUSTICE BABU MATHEW P. JOSEPH, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A) EX HONORARY LIEUTENANT SREEDHARAN KODAKKAT, NO.JC W, S/O.LATE KUNJAN NAIR.K., LAKSHMI NILAYAM, ULLAD, ANCHAMAIL, POOKKOTTUMPADAM.P.O., MALAPPURAM DISTRICT, KERALA APPLICANT BY ADV.SRI.V.K.SATHYANATHAN. Versus 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI THE CHIEF OF THE ARMY STAFF, INTEGRATED HQ, MINISTRY OF DEFENCE (ARMY), NEW DELHI RESPONDENTS 3. THE GENERAL OFFICER COMMANING IN CHIEF, HQ SOUTH WESTERN COMMAND, PIN , C/O.56 APO. 4. THE GENERAL OFFICER COMMANDING, HQ 1 CORPS, PIN , C/O.56 APO. 5. THE GENERAL OFFICER COMMANDING, HQ ATNK & K AREA, ISLAND GROUND, CHENNAI THE COMMANDANT, HQ MEG & CENTRE, PIN C/O.56 APO. 7. THE OIC RECORDS, RECORDS, THE MEG, PIN , C/O.56 APO. BY DR.RAJENDRAKUMAR.M., SENIOR PANEL COUNSEL.

2 OA No. 269 of 2016 : 2 : O R D E R VAdm.M.P.Muralidharan, Member (A) 1. The Original Application has been filed by Sreedharan Kodakkat, Ex Honorary Lieutenant No. JC306636W of Madras Engineer Group seeking award of Honorary Commission in the rank of Lieutenant on 15 August 2012 and in the rank of Honorary Captain on 26 January 2013 while on active list. 2. This is the second round of litigation by the applicant, who had earlier filed O.A.No.120 of 2014 on the same issue. That Original Application, had been disposed of by this Tribunal vide order dated 01 September 2015, directing the respondents to review the case of the applicant for grant of Honorary Commission as on 15 August 2012 and 26 January 2013, after granting him additional weightage for

3 OA No. 269 of 2016 : 3 : Op Vijay Star and for Transport Supervisor Course undergone by him, if the said course was eligible for weightage (Annexure A5). 3. Shri V.K.Sathyanathan, the learned counsel for the applicant, submitted that in compliance of orders of this Tribunal in O.A.No.120 of 2014, the respondents reviewed the case of the applicant for grant of Honorary Commission. The applicant was informed that based on the review, he had been granted rank of Honorary Lieutenant on active list on 26 January 2013 and was granted the rank of Honorary Captain on retirement with effect from 01 March 2013 (Annexure A10). The learned counsel further submitted that the applicant was also informed that he was considered for award of Honorary Commission on Independence Day 2012 and on Republic Day However since the marks scored by him were less than the cut off marks in the merit of Independence Day 2012, he was not eligible for Honorary

4 OA No. 269 of 2016 : 4 : Commission of Lieutenant as on 15 August He was found eligible for the award of Honorary Lieutenant on Republic Day 2013 and was accordingly awarded the rank. The issue was once again reiterated by the respondents to the applicant's counsel in July 2016 (Annexure A11). 4. The learned counsel further submitted that the applicant had not been awarded Honorary Rank initially, due to the mistake of the respondents of not awarding him eligible marks, for the medals earned and courses undertaken. While the applicant has now been awarded Honorary Rank post directives of this Tribunal, the applicant was of the view that in keeping with his overall performance, he should have been granted Honorary Rank of Lieutenant in August 2012, which would have enabled him to get the Honorary Rank of Captain while he was still on active list. Even though the applicant had sought records of the proceedings held for grant of Honorary Commission in

5 OA No. 269 of 2016 : 5 : August 2012 and January 2013, the same was denied. The learned counsel therefore prayed that records of the Promotion Committee proceedings be perused and the applicant be promoted to the rank of Honorary Lieutenant on 15 August 2012 and as a consequence to the rank of Captain on 26 January 2013 while on active list. 5. The respondents in their reply statement submitted that the applicant was enrolled in the Army on 23 June 1979 and was transferred to the Pension Establishment with effect from 28 February 2013 on completion of 33 years 08 months and 06 days of service under Army Rule 13(3)I(i)(a). The applicant was granted Honorary Commission to the rank of Lieutenant on retirement with effect from 01 March The respondents further submitted that in compliance of the orders of this Tribunal in O.A.No.120 of 2014, the applicant's case for grant of Honorary Commission was reviewed after granting him

6 OA No. 269 of 2016 : 6 : additional weightage for Op Vijay Star and Transport Supervisor Course. Despite the additional marks, it was observed that the total marks of the applicant were less than the cut off marks in the merit for award of Honorary Commission on occasion of Independence Day Therefore he could not be granted Honorary Commission on that occasion. However he was observed to be within the merit on the occasion of Republic Day 2013 and was accordingly granted Honorary Commission as Lieutenant with effect from Republic Day 2013 on active service. He was also granted the rank of Honorary Captain on retirement with effect from 01 March 2013 (Annexure R2). Part II orders and gazette notification on grant of Honorary Commission to the applicant were accordingly issued (Annexures R3, R4). 6. Heard rival submissions and perused records. The respondents also placed before us merit list and nominal

7 OA No. 269 of 2016 : 7 : roll of JCOs recommended for grant of Honorary Commission on the occasion of Independence Day 2012 and Republic Day It is not disputed that the applicant's case for grant of Honorary Commission was reviewed based on the orders of this Tribunal in O.A.No.120 of Based on the review, the applicant was granted additional marks for Op Vijay Star and for Transport Supervisor Course, which as admitted by the respondents had erroneously not been added when the applicant was originally considered for the grant of Honorary Commission. Based on the review undertaken with the additional marks, the applicant merited selection to the Honorary Rank of Lieutenant on Republic Day 2013, while on active list. As a consequence, he was granted rank of Honorary Captain on retirement with effect from 01 March The contention of the applicant is that he should have been granted the rank of Honorary

8 OA No. 269 of 2016 : 8 : Lieutenant on Independence Day 2012 making him eligible for the rank of Honorary Captain on Republic Day 2013, while he was still in active service. 8. We have perused the records of selection, for grant of Honorary Commission on Independence Day 2012 and Republic Day As observed, in spite of the additional marks awarded, the applicant is below the cut off merit for grant of Honorary Commission on the occasion of Independence Day On Republic Day 2013, after grant of additional marks, he merited selection and was therefore granted the Honorary Rank of Lieutenant on Republic Day He was accordingly also granted the rank of Honorary Captain on his retirement. In our view therefore, the applicant has been granted Honorary Ranks in keeping with his merit, by the Selection Committee and no further interference is called for.

9 OA No. 269 of 2016 : 9 : 9. In view of the foregoing, we do not find any merit in the Original Application and it is accordingly dismissed. 10. There will be no order as to costs. 11.Issue free copy to the parties. Sd/- sd/- VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE BABU MATHEW P. JOSEPH MEMBER (A) MEMBER (J) an /true copy/

ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI

ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI O.A.NO. 163 of 2014 THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 CORAM: HON'BLE MR. JUSTICE S.S.SATHEESACHANDRAN, MEMBER (J) HON'BLE VICE ADMIRAL