Union Of India & Ors vs Atul Shukla Etc

2. Post Kargil War, the Government of India constituted a Committee headed by Ajay Vikram Singh, former Defence Secretary (hereinafter referred to as AVS Committee) to study ways and means that would help ensure a “younger age profile” for the commanding officer in the Indian Armed Forces. The Committee made its recommendations in regard to all the three wings of the armed forces which were considered and accepted by the Government culminating in the issue of separate orders regarding re- structuring of the officers cadre in the Army, Navy and the Air Force. In so far as the Indian Air Force was concerned, the Government of India by an order dated 12th March, 2005 revised the terms and conditions applicable to Air Force Officers excluding officers serving in the medical and dental branch. The order was to the following effect:

4. The chart makes it clear that post-AVS Committee’s report and recommendations the Wing Commander (Time scale) rank was abolished and the bar for time scale promotion to officers who did not make to the next rank raised to Group Captain (Time Scale). To that extent the issue of stagnation in the Air Force was addressed by providing avenues for upward mobility of Wing Commanders. There was at the same time a flip side to the Government decision inasmuch as the advantage in terms of upward movement was, to an extent, neutralised by the Government retaining the retirement age of Group Captains (Time Scale) at 52 years in the case of flying branch and 54 years in the case of officers serving in the ground duty branch. This is evident from a reading of clause 5(d) extracted above which denied to the Group Captains (Time Scale) the benefit of a higher retirement age applicable to Group Captains (Select) who could serve upto 54 years of age in the flying branch and 57 years in the ground duty Education and Met branches of the force. The Government Order in effect classified officers holding the rank of Group Captains in two categories one comprising officers who rise to that rank by time scale upon completion of 26 years of service and the other who got there by promotion on the basis of merit. This classification of officers serving in the air force holding the same rank but governed by different standards for purposes of their superannuation was assailed by the respondents who were Group Captain (Time Scale) in petitions filed by them before the Armed Forces Tribunal, Principal Bench, New Delhi. The grievance made by them was that Group Captains in the Air Force constituted one class regardless whether they were promoted to that rank by time scale or on inter se merit. The respondents alleged that they were discharging the same kind of duties as were being performed by Group Captains (Select). They were wearing the same ranks and drawing the same emoluments and other allowances and were regulated by the same conditions of services in all other respect. Classifying officers who were similarly situate on the basis of the method of appointment to the rank of Group Captain when everything else was the same, was violative of Articles 14 and 16 of the Constitution argued the aggrieved officers.

5. The petitions were contested by the appellant-Union of India primarily on the ground that although the respondents held the same rank as Group Captains (Time Scale) and were similar in all other respects including emoluments and other conditions of service and although they were treated to be equivalent to Group Captain (Select) yet the nature of duties and the operational employability of officers promoted to Group Captain (Select) rank was better in comparison to those holding the rank of Group Captain (Time Scale). The rank of Group Captain (Time Scale) was, according to the appellant, a new rank created under Government Order dated 12th March, 2005 (supra) subject to the condition that the retirement age of Group Captain (Time Scale) would remain the same as was applicable to Wing Commanders retiring in that branch. The objective behind creating the rank of Group Captain (Time Scale) was to provide continued motivation even such officers as may not have made it to the rank of Group Captain (Select). It was alleged that post implementation of AVS Committee recommendations, Group Captain (Time Scale) Officers were being posted against positions earlier given to Wing Commanders apart from the fact that the sanctioned strength of such Time Scale ranks officers was held against Wing Commander (Time Scale) ranks that existed earlier.

(b) If there is no additional benefit of promotion based service to the officers who are selected on merit, the motivation incentive to the officers who make it to the select rank through merit is nullified.

(d) It will lead to a further demand for equating in status also, which will disturb the cadre structure of the entire Indian Air Force and affecting the operational efficiency and command and control structure of IAF.”

39. In the result, these civil appeals fail and are hereby dismissed but in the circumstances without any order as to costs.