RAVINDERA SADASHIO KSHIRSAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from the judgment and order dated 19.10.2007 of the High Court of Judicature at Bombay dismissing the Writ Petition No. 1503 of 2006 filed by the appellant herein.

(3.) Brief facts needed for disposal of this appeal are as under: 4. The appellant joined the Indian Navy on 1.1.1978 as a Commissioned Officer and is at present serving in the rank of Commander (Time Scale) w.e.f. 1.1.1999. In or about May, 2001 the Army Headquarters formulated certain proposals and forwarded them to the Ministry of Defence drawing attention to certain shortcomings and imbalances in the organizational structure of the Officer Cadre. After examining the proposals so made, the Ministry of Defence constituted a Committee in July, 2001 under the Chairmanship of the then Secretary, Ministry of Non- Conventional Energy Sources, Shri Ajai Vikram Singh (hereinafter referred to as "the AVS Committee") to examine the issues and make recommendations within three months. However, the AVS Committee submitted its report to the Ministry of Defence in January, 2003. The main issue considered by the AVS Committee was Cadre stagnation and mobility. The AVS Committee after extensive deliberations inter alia recommended:- (a) to grant time based rank of Lieutenant Colonel at 13 years of service as per the criteria drawn by the Army Headquarters; (b) corresponding reduction in age profile of junior officers through grant of substantive ranks of Captains and Majors early to make it compatible with the overall aim of brining down the age profile of officers. The Committee also recommended that the rank of Colonel (Time Scale) be granted at 26 years of service.