Relief for Army as SC stays tribunal order quashing its promotion policy

In a Special Leave Petition (SLP) filed in the Supreme Court on Monday, the Army has argued that being an employer, it has the right to change promotion policies and that the AFT should not interfere in the Army’s “policy decision.”

In a relief to the Army, the Supreme Court on Wednesday stayed the order of the Armed Forces Tribunal (AFT) that had on March 2 quashed its 2009 promotion policy. A bench headed by Justice T S Thakur will now hear the case on April 15. While the SC order allows the Army to hold selection boards as per the 2009 policy, Army sources said that a board is “unlikely” to be held given that it may create further dissatisfaction within the ranks. The Army has already cancelled its March 11 boards in light of the AFT judgment.

The AFT had on March 2 quashed the Army’s 2009 policy-titled Command Exit Model-calling it discriminatory. A group of officers had approached AFT citing that the 2009 policy facilitated promotion of officers from combat arms while curbing opportunities for officers from non-combat/support arms.

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Challenging the AFT judgment in SC, the Army, represented by Attorney General Mukul Rohatgi, argued that the policy facilitated the aim of bringing down the “age” of combat arms as recommended by Ajay Vikram Singh Committee (AVSC).

Rohatgi put up a case that the first phase implementation of AVSC recommendation in 2004 was wrong and the same was corrected in 2009, in the second phase. The Army cited that bringing down the age of combat commanders was important in light of the younger age of battalion commanders in Pakistan and China.

The respondents, represented by Meenakshi Lekhi, however, argued that the AVSC recommendations had been falsely interpreted.