Lok Sabha Question No. 2611 (UNSTARRED), answered on 2023-08-04
Subject: AFHQ Civil Services
Ministry: DEFENCE
Asked by: Jai Prakash

## GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF DEFENCE

## LOK SABHA UNSTARRED QUESTION NO. 2611

TO BE ANSWERED ON 04 th  August, 2023

## AFHQ CIVIL SERVICES

## 2611. SHRI JAI PRAKASH:

Will the Minister of DEFENCE be pleased to state:

(a) whether it is a fact that a judgment was delivered by the Delhi High Court on 28th July, 2023 with regard to Armed Forces Headquarters (AFHQ) Civil Services;

- (b) if so, the details thereof;
- (c) whether it is also a fact that the said decision has not been implemented in letter and spirit;
- (d) if so, the details thereof along with the reasons therefor; and
- (e) the timeline by which the decision is likely to be implemented?

## A  N  S  W  E  R

MINISTER OF STATE IN THE MINISTRY OF DEFENCE

(SHRI AJAY BHATT)

- (a):  The Judgment was delivered by the Hon'ble Delhi High Court on 28 th  July, 2022.

(b):  The Hon'ble High Court of Delhi on 28.07.2022 had pronounced a judgment in WP (C) No. 11673/2016 (UoI & Anr Vs Sandeep Singh & Ors) and connected matters. The cases pertained  to  reckoning  of  approved  service  and  diversion  of  vacancies  from  one  mode  of appointment to another mode in the grade of Section Officer in Armed Forces Headquarters Civil Service. Vide ibid judgment, the Hon'ble High Court of Delhi had upheld the following orders passed by Hon'ble CAT (PB): -

- (i) Order dated 18.02.2014 in OA No. 1288/2009 (Sandeep Singh & Ors Vs UoI & Anr). The Hon'ble CAT (PB) vide ibid order had directed the Department to redraw the panels for the Limited Departmental Competitive Examination held in the years 2002, 2003 and 2004, taking into the account the vacancies existing in each of those years along with the anticipated vacancies for the next year and accordingly, reckon approved service and grant Non-Functional Scale to the applicants.

- (ii) Order dated 13.01.2017 in OA No. 2145/2011 (Mohinder Singh & Ors Vs UoI & Ors). Vide ibid order, the Department was directed to prepare a fresh select list  of  seniority strictly  in  accordance  with Armed Forces Headquarters Civil Service  Rules,  2001,  without  diverting  Limited  Departmental  Competitive Examination  quota for  the  years  2001-02  to  2005-06  to  seniority  promotion quota while redrawing fresh select lists of seniority mode.

(c):  No, Sir. The Department after consultation with DoP&T, UPSC and Ministry of Law & Justice has decided to implement the Hon'ble High Court of Delhi order dated 28.07.2022.

(d):  Does not arise, in view of the position given at para (c) above.

(e):  In pursuance of Hon'ble CAT (PB) judgment dated 13.01.2017 in OA No. 2145/2011, revised Select Lists and appointment orders in Section Officer grade for the years 2001-02 to 2008-09 have already been published on 19.07.2023. The revised draft Seniority List of Section Officers for the years 2001-02 to 2008-09 has also been published on 24.07.2023.

Similarly,  in  pursuance  of  Hon'ble  CAT  (PB)  judgment  dated  18.02.2014  in  OA No.  1288/2009, the  Department  is  taking  expeditious  action  for  grant  of  Non-Functional Scale to the officers appointed through Limited Departmental Competitive Examination.

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