Wednesday, September 28, 2022

Delhi High Court issues notice on plea filed by 17 IAF sergeants challenging promotion policy

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The Delhi High Court has issued notice on a petition filed by 17 Indian Air Force Sergeants challenging a part of the IAF promotion policy issued on August 25, 2020, seeking promotion.

A divisional bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal noted, “As per our understanding of law, there is no principle that a service personnel will continue to be governed by the terms of service/service rules on the date of appointment.”

The petition has been filed by 17 IAF Sergeants stating that as per the new promotion policy brought out on August 25, 2020, “the petitioners, to be eligible to promotion as JWO, were required to furnish an undertaking to serve the respondent Indian Air Force for a minimum period of engagement of 23 years and were not eligible for promotion to JWO, if did not furnish such undertaking.”

Whereas, the bench observed, “the respondents as employers are entitled to change the rules regarding promotion from time to time and no challenge thereto, on the ground of such change prejudicing the petitioners, can be made.”

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The Counsel appearing for the petitioners submitted that the change has been brought about after the petitioners were already eligible for promotion in terms of the earlier policy dated January 14, 2015.

The bench did not find any merit in the matter, however, the notice has been issued as the counsel for the petitioner submitted that there is another petition in which the same challenge has been made and the notice has been issued.

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