COMMANDER RAVINDERA SADASHIO KSHIRSAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. As the matter involves career of senior Officers in the Indian Navy, the parties agreed that it would be appropriate if the Petition is disposed of at the admission stage itself. The matter accordingly was heard on various dates. The parties were also directed to file their written submissions considering the time constraint. The Petitioners have submitted their written arguments only on 21.9.2007.

(2.) The Petitioner is at present working as Commander (Time Scale). Till the notification of the Government of India dated 11.3.2005, the Petitioner ordinarily would have superannuated as Commander (Time Scale). The Government of India had appointed a committee which is known as "Ajay Vikram Singh Committee (AVS Committee). The committee was constituted by the Ministry of defence, to examine the Army headquarters proposals for reconstructing their officer cadre. One of the recommendations made was time based promotions in the officers rank. It was also recommended that the rank of Col. (Time Scale) be granted to all Lt. Cols on completion of 26 years service. The Committee noted in Para 76 of its report that whilst this report is primarily focused on the restructuring of the Officers' Cadre of the Army, it is applicable in nearly equal measure to the other two services. The Navy and Air Force however, should work out their Service specific requirements including the additional vacancies, which will be required at various ranks on operational/functional grounds. The variations that may be necessary to meet Service specific requirements would be perused by the individual Service Hqs separately.

(3.) Subsequent to the report, the Government accorded approval for implementation of the report of the AVS Committee, one of which was promotion of Lt. Colonel's who had completed 26 years service to the rank of Colonel (T.S.). On 12.3.2005. The Government then accorded approval for implementation of the AVS Committee report to the Indian Air Force. One of the recommendations was promotion of Wing Commander to Group Captain (Time Scale) on completion of 26 years of service subject to other requirements. On 11.3.2005, the President was pleased to convey sanction for revision of various terms and conditions of service for Naval Officers, except Medical and Dental Officers. Some of the relevant paragraphs are as under :