The Court dismissed the petition challenging the Armed Forces Tribunal's order. It rejected the argument that the cut-off date was irrational. The benefit of reduced experience for promotion was held to be prospective from the issuance date, not retrospective.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 14TH DAY OF AUGUST 2014/23RD SRAVANA, 1936
WP(AFT).No. 4 of 2014 (Z)
AGAINST THE ORDER/JUDGMENT IN TA 15/2011 of ARMED FORCES TRIBUNAL,REGIONAL BENCH,KOCHI DATED 29-05-2013
PETITIONER(S)/APPLICANT IN IA:
CAPTAIN H.S. GILL (RETD) S.L.NO.3033 W AGED 56 YEARS R/O.J.P.NAGAR, BANGALORE, NOW RESIDING AT 246 RUCHI LIFE SPACE, HOSHANGABAD ROAD, BHOPAL M.P.
BY ADVS.SRI.SHAJI THOMAS
SRI.BINU PAUL SRI.T.V.VINU
RESPONDENT(S)/RESPONDENTS IN IA:
ARMY HEAD QUARTERS, NEW DELHI-110001.
R BY SRI.JAYAPRADEEP V., CGSC
THIS WP (ARMED FORCES TRIBUNAL - Art.226) HAVING COME UP FOR ADMISSION ON 14-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
WP(AFT).No. 4 of 2014 (Z)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: TRUE COPY OF THE W.P.NO.13569/2006 FILED IN THE HIGH COURT OF KARNATAKA DATED 25.09.2006.
EXHIBIT-P2: TRUE COPY OF THE STATEMENT OF OBJECTIONS FILED ON 28.5.2007 IN W.P.NO.13569/2006 IN THE HIGH COURT OF KARNATAKA.
EXHIBIT-P3: TRUE COPY OF THE REJOINDER DATED 2.1.2013 IN KARNATAKA.
EXHIBIT-P4: TRUE COPY OF THE REPLY STATEMENT DATED 17.5.2012, FILED BY THE RESPONDENT.
EXHIBIT-P5: TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 24.2.2013 TO ACCEPT TO 54.
EXHIBIT-P6: TRUE COPY OF THE ORDER DATED 29.03.2013 IN T.A.NO.15/2011 ARMED FORCES TRIBUNAL, KOCHI.
/TRUE COPY/
PS TO JUDGE
ANTONY DOMINIC & P.D.RAJAN, JJ.
----------------------------------W.P(AFT).No.4 of 2014 ----------------------------------Dated this the 14th day of August, 2014
JUDGMENT
Antony Dominic, J.
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WP(AFT).4/14
petitioner filed writ petition before the High Court of Karnataka, which came to be transferred to the Armed Forces Tribunal, Regional Bench, Kochi. The Tribunal dismissed the application by Ext.P6 order. It is challenging that order, this writ petition is filed.
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petitioner's voluntary retirement from service on 11.1.1996, the rules prevailing required 13 years of service for promotion to the post of Major. It is also undisputed that it was only in January, 2000 that the experience requirement was reduced from 13 years to 12½ years. That reduction was done by the Government of India by Annexure D order. When the reduction of experience was so ordered, unless the order so specifies, the benefit of the order can only be taken with prospective effect and it cannot be retrospective. Though it is true that the cut off date fixed cannot be arbitrary or irrational, when a new benefit is introduced by the Government of India and that too, involving financial consequences, it is always open to the Government to introduce the same with effect from a date decided by it. In so far as this particular case is concerned, 14.1.2000, the date on which the OM in question has been issued, is that date and therefore, cannot be said to be an irrational one justifying interference in the writ petition.
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We do not find any vitiating circumstances calling for interference of the order of the Tribunal. Appeal is dismissed.
Sd/ANTONY DOMINIC, Judge.
P.D.RAJAN, Judge.
kkb.
2 issues framed by the court
Whether the High Court could interfere with the Armed Forces Tribunal's order dismissing the application challenging the cut-off date for promotion benefit reduction.
Whether the new benefit of reduced experience requirement for promotion could be applied retroactively to the petitioner who retired prior to the reduction.
1 provisions across 1 enactments
CAPTAIN H.S. GILL (RETD)
UNION OF INDIA
CHIEF OF ARMY STAFF
ADJUTANT GENERAL
C.D.A. PENSIONS
INSPECTOR OF RECORDS DIG
ANTONY DOMINIC
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
