Case: Ex. Major N.C. Singhal Vs. Director-General, Armed Forces Medical Services, New Delhi &amp; Another

deduction for fixing his pay and rank and that the respondent should be directed to do so. The learned single Judge directed the respondents to give the petitioner the benefit of antedate of 6 years, 11 months and 13 days for the purpose of pay and 11 months for the purpose of promotion. The appellant filed a Letters Patent Appeal to a Division Bench of the Court. The Bench dismissed the appeal. The Division Bench held that para 13 of the Army Instruction No. I/S of 1954 which provided that full pay commissioned service will count for pay has been superseded by para 7 read with para 31 of Army Instruction No. 176 of 1965. The Court said that the appellant had only medical licentiate qualification during the period he served as an Emergency Commissioned and Short Service Commissioned Officer, and according to para 7 of the Army Instruction No. 176 of 1965, the previous commissioned service, less than two years, alone would count for pay and promotion. The Court further held that as permitted by para 8 of that instruction, a period of 18 months should be added to appellants reckonable service for pay due to his subsequently acquiring higher qualifications and taking a post-graduate diploma in ophthalmology. Thus, according to the Court, the appellant was entitled to the benefit of para 8 of the Army Instruction No. 176, but then there was to be a deduction of two years from his previous full pay commissioned service for purposes of pay by virtue of para 7 read with para 31 which provided that in case of A.M.C. Reserve Officers recalled to colour service during the emergency, the Army Instruction No. 176 will take effect from October 26, 1962, in the matter of antendate, for promotion, T.A., leave and pay. 6. The appellant submitted that his conditions of service were governed by the Army Instruction No. I/S of 1954 and according to para 13 thereof, the whole of his previous full pay commissioned service for purposes of pay by virtue of para 7 read with para 31 which provided that in case of A.M.C. Reserve Officers recalled to colour service during the emergency, the Army Instruction No. 176 will take effect from October 26, 1962, in the matter of antedate, for promotion, T.A., leave and pay. 7. The appellant submitted that his conditions of service were governed by the Army Instruction No. I/S of 1954 and according to para 13 thereof, the whole of his previous full pay commissioned service must count for pay, and that Army Instruction No. 176 which came into force with retrospective effect from October 26, 1962, in the case of A.M.C. Reserve Officers called to colour service during emergency in the matter of antedate for promotion, T.A., leave and pay, cannot affect his conditions of service which were governed in this behalf by para 13 of Army Instruction No. I/S of 1954. 8. We think that the appellants conditions of service were governed by para 13 of Army Instruction No. I/S of 1954 and his previous full pay commissioned service should be taken in the matter of antedate for the purpose of his pay. The condition of service in this regard was not liable to be altered or modified to the prejudice of the appellant by a subsequent administrative instruction which was given retrospective effect from 26th October, 1962. 9. The full pay commissioned service of the appellant before enlistment as class C Officer of the A.M.C. Reserve, including the period of training, was 7 years, 5 months and 13 days. In our view the appellant was entitled to the benefit of antedate of this period for the purpose of his pay. The High Court has allowed the appellant the benefit of antedate of 18 months allowed under para 8 of Army Instruction No. 176 of 1965. We see no reason to deprive the appellant of that period of national service due to his acquiring subsequently a higher qualification and taking a diploma in post-graduate ophthalmology. The appellant is, therefore, entitled to 8 years, 11 months and 13 days in the matter of "antedate" for the purpose of his pay. 10. It may be noted that there was no provision before Army Instruction No. 176 was issued, for antedating the date of the grant of the rank of Major at the time of entry as class C Officer in the A.M.C. Reserve. Rule 10 of the Army Instruction No. I/S of 1954 provided :"10(a) Officers will be appointed and promoted as under :- (i) Class A & B reserve officers : Lieutenant ... On entry. Captain ... On completion of 3 years in the reserve or on completion of years full pay commissioned service. Major ... On completion of 8 years full pay commissioned service. Lt. Col. ... On completion of 18 1/2 years full pay commissioned service as a Major. (ii) Class K reserve officers. An officer will not be appointed to this reserve in a rank higher than that which he holds or was granted on retirement. (b) Acting ranks. Whilst called to colour service officers will be entitled to hold higher acting ranks in accordance with the rules in force for regular officers." So for promotion to the rank of Lieutenant Colonel a class C officer had to complete 10 1/2 years of full pay commissioned service as a Major. The service has to be as a Major. Admittedly, the appellant has not served as a Major before he joined as class C Officer of the A.M.C. Reserve. So far as the date of the grant of the rank of Major was concerned, it could be antedate to the extent of the above period less than six years as provided by para 9 of the Army Instruction No. 176 as held by the High Court. We made it clear that the appellants claim to further promotion, if any, after Army Instruction No. 176 came into operation, will be governed by that instruction,

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]So for promotion to the rank of Lieutenant Colonel a class C officer had to complete 10 1/2 years of full pay commissioned service as a Major. The service has to be as a Major. Admittedly, the appellant has not served as a Major before he joined as class C Officer of the A.M.C. Reserve. So far as the date of the grant of the rank of Major was concerned, it could be antedate to the extent of the above period less than six years as provided by para 9 of the Army Instruction No. 176 as held by the High Court. We made it clear that the appellants claim to further promotion, if any, after Army Instruction No. 176 came into operation, will be governed by that instruction,