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

2. The appellant, while holding medical licentiate qualification, was taken in the Army Medical Service as an Emergency Commissioned Officer in the rank of Lieutenant on December 14, 1943. He functioned as Commissioned Officer for a period of 3 years, 10 months and 26 days, and was relieved on November 10, 1947. He was again taken as a Short Service Commissioned Officer on June 1, 1950, and served in that capacity for a period of 3 years, 5 months and 17 days, and he was relieved on November 17, 1953. Thus, the total period of his full commissioned service, both as Emergency and as Short Service Commissioned Officer, came to 7 years, 4 months and 13 days. In the year 1954, it was decided to form a reserve of medical officers to be called A.M.C. Reserve and Army Instruction No. I/S dated May 27, 1954, was issued by the Government of India for that purpose. According to the instruction, the A.M.C. Reserve was divided into four classes A B an C and X Reserve Officers. Class C comprised specialist officers liable to report for colour service within 60 days. The appellant was recruited in the class C service of specialists. Paragraph (13) of the Army Instruction provided that officers of the A.M.C. Reserve Service, when called for training or colour service were to receive the same pay and allowances as laid down for regular officers of the A.M.C. of the corresponding rank in the new pay code for the duration of training or colour service. It further provided that for the released Emergency Commissioned and Short Service Commissioned Officers appointed to the reserve, the previous full pay commissioned service would count for pay. On August 1, 1958, the appellant was granted a Reserve Commission in class C in the rank of substantive Major under the terms and conditions of the army instruction. Thereafter, the appellant was called to colour service, which, for all practical purposes, means wholetime active service, and he reported for duty on January 22, 1963, and served from that date as a specialist in ophthalmology. As a reserve candidate, before being recalled to colour service, he had remained on training for a total period of one month. Adding the period of one month, the appellant had to his credit, "full pay commissioned service" of 7 years, 5 months and 13 days on the date of his reporting for colour service.

Reasoning:
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,