UNION OF INDIA Vs. A.K.BEHL

JUDGEMENT

(1.) The short question that falls for determination in these two appeals filed by the Union of India is whether the "Tenure Clause" applicable to AFMS officers of the rank of Lt. General and its equivalent as well as to Director General Armed Force Medical Services (DGAFMS) is constitutionally valid. The Tribunal has, while allowing the OAs filed by the Respondents, taken the view that a fixed tenure of two years provided in order No. 10(14)/06/D(Med) dated 20th April, 2007 is ultra vires and accordingly set aside the clause with the direction that all the Lt. Generals and their equivalent in AFMS will retire only upon completion of 61 years of age provided in the said order. The controversy arises in the following circumstances:

(2.) Respondent A.K. Behl was commissioned in the Army Medical Corps on 1st March, 1976 and was seconded to the Air Force in the rank of Flying Officer. He was in due course promoted and appointed as Air Marshal (equivalent to Lt. General) w.e.f. 1st April, 2012. His date of birth being 17th September, 1954, he was under the provisions of the existing policy due to retire on 30th September, 2014 on attaining the age of 60 years after a tenure of two years which he completed on 31st March, 2014.

(3.) Vice Admiral Shalesh Rohatgi, Respondent in the connected appeal, whose date of birth is 24th September, 1954, too joined the Army Medical Corps and was promoted on 1st July, 2012 to the rank of Vice Admiral which is equivalent to the rank of Lt. General. He completed his tenure of two years in that rank on 30th June, 2014 and was due to retire on 30th September, 2014 upon completion of 60 years of age.