The Supreme Court on Tuesday allowed the petition and stayed the order of an Armed Forces Tribunal (AFT) in a plea filed by Lt Col Suprita Chandel, who sought relaxation in age criteria to appear in a departmental examination for grant of Permanent Commission.
The bench of Justice L. Nageswara Rao and B.R. Gavai was hearing the petition challenging the order passed by Armed Forces Tribunal, Regional Bench, Lucknow, wherein the tribunal dismissed her application OA 241/2021, which sought directions to set aside and quash the impugned order dated September 15, 2014 and letter dated November 9, 2017. It sought directions to relax age criteria giving one chance to Lt Col Suprita Chandel (petitioner) to appear in departmental examination for grant of Permanent Commission.
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The petitioner said she holds a Bachelor in Dental Surgery (BDS) degree and was commissioned as an SSC officer in AD Corps on 10.03.2008 at the age of 27 years, 11 months and 28 days in terms of AI 15/79 as amended. She availed two chances of Permanent Commission available to her within first 4 years of commissioned service as SSC officer in 2010 & 2011. Therefore, she became over-age for her third chance falling in her 5th to 8½ years of service being above 30 years of age as per the extant policy in vogue.
After being aggrieved with amended provisions of AI 37/78 and from denial of permanent commission, she submitted a representation on 06.09.2014 to the office of DGAFMS which was rejected vide order dated 15.09.2014.
It was contended by the respondents that, the age relaxation benefit cannot be granted to the applicant in view of amended para 4 (a) of AI 37/78 as it can be extended up to 35 years in respect of those candidates who are in receipt of PG qualification of Masters in Dental Surgery duly recognized by Dental Council of India, at the time of initial commission to Army Dental Corps.
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Being aggrieved due to amendment in AI 37/78, 18 SSC officers filed petitions in AFT (PB), New Delhi OA No. 108, 111, 170 and OA 241/2021 in AFT (PB) and applicant was not a petitioner in those petitions. Therefore, she cannot be granted any relief with regard to relaxation of age limit which is clarified by AFT (PB) in its judgment dated 22.01.2014 that “an officer is not entitled to be absorbed permanent, if he/she has crossed the upper age limits’’. The benefit of age relaxation was granted to the petitioners of Original Applications who were eligible in 2012 but became ineligible in 2013 for grant of permanent absorption on account of amendment of policy after clubbing the selection of 2012 with 2013 considering the terms of the previous policy and 9 petitioners were granted one time age relaxation.
The petitioner filed OA 242/2021 before the Armed Forces Tribunal contending that the applicant could not file any case or become party to the case because of her complicated pregnancy, maternity leave and delivery of a new born baby. On 30.07.2014 posting of the applicant was received from MDC Bareilly to 202 MDC in J&K Sector. The respondents have failed to apply the ratio of the judgment vide order dated 22.01.2014 passed by AFT (PB), New Delhi.
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The Armed Forces Tribunal dismissed the application after observing that applicant is not eligible for age relaxation to appear in departmental examination for grant of permanent commission under the provisions of AI 37/78, judgments relied upon by the applicant being were based on different facts and circumstances.
CASE NAME- SUPRITA CHANDEL Vs UNION OF INDIA AND ORS.