1 ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH AT CHANDIMANDIR -.- O.A No. 2142 of 2012 Shri Ram Petitioner Vs Union of India and others Respondent(s) For the Petitioner : Mr Surinder Sheoran, Advocate For the Respondent(s) : Mrs Sangeeta Dubey, CGC Coram: Justice Vinod Kumar Ahuja, Judicial Member Lt Gen (Retd) NS Brar, Administrative Member ORDER 30.01.2014 The alleged facts are that the petitioner was enrolled in the Army on 04.03.1986 and was duly promoted to the rank of Naib Subedar on 07.01.2010. He had served at various places during his service. The petitioner was due for grant of extension in service from 26 years to 28 years (01.04.2012 to 31.03.2014) but due to being placed in permanent low medical category, P2, his discharge order dated 05.04.2011was issued by giving final date of discharge w.e.f. 31.03.2012 (Annexure A1). Notwithstanding the date of discharge being given as 31.03.2012, due to change in policy for grant of extension in service vide letter dated 20.09.2010 (Annexure A2), the petitioner is entitled to extension in service from 26 years to 28 years (01.04.2012 to 31.03.2014). The petitioner was directed to appear before the Release Medical Board on 13.01.2012 which recommended medical category of the petitioner as P2 for life (Annexure A3). The petitioner was thereafter issued movement order to proceed to Record Office for discharge (Annexure A4). The petitioner is said to be entitled to extension for two years in service in accordance with Appendix A of Army Headquarter letter dated 20.09.2010 vide which procedure and criteria for screening is laid down. The extract of Appendix A of letter dated 20.09.2010, has been reproduced which reads as under:- PROCEDURE & CRITERIA FOR SCREENING OF PBOR IN THE ARMY 1. Aim To screen PBOR for the grant of extension by two years. 2. Criteria The following guiding principles will be adhered to while considering the grant of two years extension in age/service
2 (a) Willingness of the Individual An individual will be deemed to be willing for 2 years extension in age/service unless he submits his unwillingness certificate two years before his retirement date, duly counter signed by OC Unit. (b) Medical Classification The medical criteria for 2 years extn in age/service will be same as for promotion in respect of JCOs and OR as laid down vide IHQ of MoD (Army) letter No. B/33513/AG/PS-2 (c) dt 10 Oct 97. They should be in medical category AYE. However, personnel in lower medical category (both temporary and permanent) as a result of circumstance indicate below would be eligible:- (i) Eligible upto Medical Category CEE (aa) to (ae) xxxx (ii) Eligible upto Medical Category BEE. Personnel placed in medical category BEE will be eligible for extension in service. This will include both temporary and permanent low medical categories. This will be irrespective of whether or not the disease, sickness or injury is attributable/non-attributable to or aggravated by service conditions. However, cases of medical category BEE (both temporary and permanent) due to psychological causes, misconduct or self inflicted will not be eligible for extension in service. (iii) (aa) to (ab) xxx With the above alleged facts and extract of letter dated 20.09.2010, the petitioner seeks quashing of his Discharge Order and extension in service upto 28 years. Written statement has been filed by the respondents and it is stated that the petitioner was enrolled in the Army on 04.03.1986 and as per Govt. of India, Ministry of Defence letter dated 30.05.1998 and 03.09.1998, the terms of service of Naib Subedar has been fixed at 26 years of pensionable service with colours extendable by two years by screening or 52 years of age, whichever is earlier. The petitioner completes 26 years of colour service on 03.03.2012. As per policy letter dated 21.09.1998, screening for extension in service is to be carried out and the criteria laid down for P2 (Permanent) medical category is unfit for extension. The Screening Board of the petitioner was carried out on 28.07.2010. On the date of screening, the petitioner was in Low Medical Category P2 (Permanent) and he was granted provisional extension in service subject to his medical category being upgraded to the acceptable level before expiry of his normal tenure failing which he would be discharged w.e.f. 31.03.2012. Policy letter dated 20.09.2010 (relied upon by the petitioner) is operative w.e.f. 01.04.2011 for those individuals who will be completing their term of engagement and retiring after 01.04.2013 as the screening has to be carried out two years prior to completing the tenure of service. This policy is not applicable to the petitioner as he completes his term of engagement in the present rank on 03.03.2012.
3 Heard learned counsel for the parties and perused the documents on record. We find that as per policy dated 30.05.1998, the petitioner has been appropriately ordered to be discharged on completion of his term of engagement in the rank held. The only question for consideration before us is whether the petitioner is entitled to extension in service under the policy letter dated 20.09.2010 ie the applicability of the policy to the petitioner as claimed as against the contention of the respondents. As the policy letter dated 20.09.2010 has been relied upon by the petitioner and it is relevant to the controversy we consider it appropriate to reproduce it in full, as it has been reproduced partially by the petitioner. The same reads as under Addl Dte Gen Pers Services 35054 Adjutant General s Branch Integrated HQs of MoD (Army) New Delhi 110011 B/33098/AG/PS-2 (c ) 20 Sep 2010 Headquarters ) Southern Command, Pune ) Eastern Command, Kolkata ) Western Command, Chandimandir ) Central Command, Lucknow ) Northern Command, C/o 56 APO ) A Branch Army Trg Command, Shimla ) South Western Command, Jaipur ) A & N Command, Portblair ) SFC, New Delhi ) IDS PROCEDURE AND CRITERIA FOR SCREENING OF PERSONNEL BELOW OFFICER RANK (PBOR) FOR GRANT OF EXTENSION OF SERVICE BY TWO YEARS 1. Reference Govt. of India, Min of Def letter No 14 (3) 14 (3)/98/D (AG) dated 30 May 98, No. F.14 (3)/98/D (AG) dated 03 Sep 1998, even number dated 18 Sep 98 and No. 14 (3)/98/D (AG) dated 29 Apr 2002. 2. The revised terms of enhanced service/tenure and age limits for retirement in respect of PBOR were issued vide Govt. of India, Min of Def letters under reference. These limits are subject to screening board. 3. The procedure and criteria for screening of PBOR will be regulated vide the guidelines as explained in the succeeding paragraphs. 4. Screening. All PBOR will be screened for extension by two years by the Screening Board to be held on Unit /Regiment/Corps/Records Office basis, as applicable to assess their suitability for extension. The procedure and criteria for screening is laid down in Appx A to this letter. 5. Retention of a PBOR during Extended Tenure. The retention of a PBOR during the extended tenure will be governed by the considerations as per Appx B to this letter. 6. Format. Format for screening is given in Appendix C to this letter. 7. Applicability. The revised policy will be made applicable with effect from 01 Apr 2011 to enable the dissemination to all concerned and preparatory work to be carried out by Record Offices and Line Dtes. 8. This HQ letter No. B/33098/AG/PG/PS-2 ( c) dated 21 Sept 1998 on the subject as amended from time to time will stand superseded by the instructions/provisions contained in this policy letter.
4 Copy to All Records Offices All Line Dtes MP-8 ( 1 of R) MoD/D/AG MP-3 (PBOR) Appx A Sd/- ( Ravin Khosla ) Col Dir/AG PS-2 For Adjutant General (Refers to Army HQ letter No B/33098/AG/PS-2(c)dated 20Sep 2010 ) PROCEDURE & CRITERIA FOR SCREENING OF PBOR IN THE ARMY 1. Aim. To screen PBOR for the grant of extension by two years, 2. Criteria. The following guiding principles will be adhered to while considering the grant of two years extension in age/service (a) Willingness of the individual. An individual will be deemed to be willing for 2 years extension in age/service unless he submits his unwillingness certificate two years before his retirement date, duly counter signed by OC unit. (b) Medical Classification. The medical criteria for 2 years extn in age/service will be same as for promotion in respect of JCOs and OR as laid down vide IHQ of MoD (Army) letter No.B/33513/AG/PS-2 (c) dt 10 Oct 97. They should be in medical category AYE. However, personnel in lower medical category (both temporary and permanent) as a result of the circumstances indicated below would be eligible:- (i) Eligible upto Medical Category CEE (aa) Battle casualties as defined in special Army Order 8/S/85 including those casualties in fighting against armed hostiles shall also be treated as battle casualties. (ab) Personnel wounded/injured during deployment in Op Medghdoot, Op Rhino, Op Rakshak, Op Pawan, Op Bajrang, Op Bluestar, Op Cactus Lilly and other similar Operations involving fighting against Militants/Terrorists and consequently placed in medical category CEE (Permanent/Temporary) will be treated at par with Battle Casualties. (ac) JCOs/NCOs Wounded/injured during battle inoculation, field, mine training using live ammunition and while handling/disposing live ammunition, explosives, bombs and Improvised Explosive Devices and placed in Medical Category CEE (Permanent/Temporary) will also be treated as battle casualties. (ad) JCOs and NCOs who sustain injuries or are wounded as a result of accidental explosion of mines caused while laying operationally oriented mine fields or lifting or negotiating mine fields laid by the enemy or own forces in operational areas, near the international borders or the Line of Control and consequently placed in Medical Category CEE (Permanent/Temporary) will also be treated as battle casualties. (ae) JCOs/NCOs, who are wounded/injured during UN Mission, where such a deputation is to count as active service in field, will be treated as battle casualties. (ii) Eligible upto Medical Category BEE; Personnel placed in medical category BEE will be eligible for extension in service. This will include both temporary and permanent low medical categories. This will be irrespective of whether or not the disease, sickness or injury is attributable /non-attributable to or aggravated by service conditions. However, cases of medical category BEE (both temporary and permanent) due to psychological clauses, misconduct or self inflicted will not be eligible for extension in service.
5 (iii) (aa) Eligibility at (i) and (ii) above is subject to proficiency of the affected personnel being of a specially high standard and suitable appointments being found for them within the Regiment/Corps. (ab) The above yardsticks will apply uniformly to all categories of JCOs/NCOs and no consideration will be given to categories like Clerks, Storeman etc. on the ground that a particular disability (hearing, eye-sight and so on) does not interfere in the performance of their duties. (c) Physical Fitness. PBOR should be physically fit, related to job content depending on trade or category. Arms/Services will lay down specific standards in this regard. (d) ACRs Criteria (i) Nk/Hav. Last five reports irrespective of rank should not be less than average. (ii) Nb Ris/Nb Sub/Ris/Sub - Same as per Nk/Hav. (iii) Ris Maj/Sub Maj- In last five reports at least three reports should be High Average and remaining two reports should not be less than Average. (iv) Sep/LNK/TS LNK/TS NK - No ACR criteria is applicable to them. (e) Discipline. The individual should meet the discipline criteria as given below :- (i) An individual should not have more than two red ink entries (including recordable censure in the case of an Nb Sub/Sub) during the entire service and not more than one red ink entry in the last five years. However, for extension in the rank of Sub Maj there should be no red ink entry including recordable censure in the rank of JCO. (ii) An individual who has been convicted or awarded Red ink entry for an offence mentioned in the Annexurre-I to Appx A on the date of screening will not be eligible for extension and will be discharged in accordance with the existing rules on the subject. However, an individual who has been convicted or awarded Red ink entry for an offence mentioned in Annexure-II to Appx A will not be eligible for extension in service for three years from the date of conviction of award of such red ink entry. Black ink entries will however not debar the PBOR for extension, if otherwise eligible. Award of upto 14 days Pay Fine and Confinement to Lines will not be a bar for extension of JCOs being black ink entry. (iii) In exceptional cases, such as distinction achieved by an individual in War of peace, the GOC-in-C command, on the recommendations of the OIC Records, may waive the stipulations given in Sub Para (i) and (ii) above. Note: This criteria will be applicable to all Regt/Corps less DSC, In whose regards orders issued separately vide letter No. B/33513/AG/PS-2(c ) dt. 18 Jun, 2009 will be applicable. 3. Method of Screening. Screening of the affected PBOR for the grant of extension should be carried out 24 months prior to their reaching the current laid down service limits. It should be conducted by the same boards which are constituted and assembled for the purpose of deciding promotions for the same rank as per current practice in various Arms and Services. Accordingly, unit/regiment/corps promotion boards which are constituted and assembled for the purpose of deciding promotions, should also undertake the following additional tasks, whenever required:- (a) Screen affected PBOR for the grant of extension. (b) Consider PBOR for continued retention during the extended tenure in case there is drop in any criteria as mentioned at Appx B to this letter. (c) Consider Ris Maj/Sub maj who do not complete 34 yrs pensionable service or 4 yrs tenure by the time they reach 52 yrs of age, for screening for extn in service up to the age of 54 yrs on 34 yrs of pensionable service or 4 yrs of tenure whichever is earlier. Note: In exception to the above a PBOR who could not be screened for extn of service under the existing policy as per laid down screening schedule given at Para 4 below due to LMC, court cases or any other circumstances beyond his control, will be screened by the Screening Board before retirement. 4. Scheduling of Screening. Shall be regulated on attaining the following service limits :- S/No. Rank Service in years (a) Sub/Ris 26 th year (b) Nb.Ris/Nb. Sub 24 th year
6 (c) Dfr./Hav 22 nd year (d) Nks 20 th year (e) L/Nk/Seoit/TSLNk/TS Nk 15 th year/18 th year 5. Board Proceeding. On completion, one copy of the board proceeding shall be forwarded to the concerned OIC Records. Necessary casualities will, however, be published by units concerned. 6. Applicability. The revised policy will be made applicable with effect from 01 Apr, 2011. Appx B (Refers to Army HQ letter No. B/33098/AG/PS-2 (c)dated20 Sep 2010) RETENTION OF PBOR DURING EXTENDED TENURE 1. Retention of PBOR during the extended tenure will be governed by the following considerations:- (a) Medical Standard:. The individual should remain in acceptable medical category as applicable during pre-extended tenure. (b) Discipline: The individual should not earn any red ink entry (including recordable censure in case of JCOs only) during the extended tenure. 2. If, however, it is noticed that there is drop in the above criteria at any time during the extended tenure, the PBOR will be discharged under relevant Army Rules within a period of maximum six months after serving the JCO/NCO the Show Cause Notice. Period of six months is basically meant for discharge drill. 3. Applicability: The revised policy will be made applicable with effect from 01 Apr 2011 to enable the dissemination to all concerned and preparatory work to be carried out by Record Offices and Line Dtes. In this context, we may refer to Full Bench judgment of the Principal Bench in Naib Subedar Roshan Lal versus Union of India and others (OA No. 279 of 2011 decided on 03.01.2013) wherein having analyzed the relevant policy letters, the judgments of other Benches of the Tribunal, Article 14 of the Constitution of India, and various other judgments of the Hon ble Delhi High Court, the Full Bench was clearly of the opinion that the individuals completing tenure of service on or before 01.04.2013 would be covered by the policy of 21.09.1998 and for those competing tenure thereafter, would be covered by the policy dated 20.09.2010. We, accordingly, find no merit in the petition and hold the discharge of the petitioner to be valid. The petition is, accordingly, dismissed. [Justice Vinod Kumar Ahuja] [Lt Gen (Retd) NS Brar] 30.01.2014 RS Whether the judgment for reference is to be put on internet? Yes/No