SC asks Centre to clarify stand on Army’s preferential promotion policy

The court has also asked the Army to not conduct any selection board. It will hear the matter next on April 29.

The Supreme Court on Wednesday asked the government to clarify its stand on the Army’s 2009 promotion policy, which prescribes preferential promotions to officers from select arms.

It sought to know whether the government had approved the “Command Exit” model meant for officers of the rank of Colonel and above.

This policy was quashed by Armed Forces Tribunal, compelling the Army to appeal in the SC.

A bench of Justices T S Thakur and R Banumathi noted that the government should categorically inform the court about accepting recommendations of A V Singh Committee (AVSC) and the pertinent timeline so as to demonstrate as to how and when the policy was formulated and when it was sought to be implemented. The Committee had suggested measures for restructuring of the Army’s officer cadre, recommending reduction of the age of battalion commanders.

It asked the Defence Secretary or a person authorised by him to file an affidavit with specific answers on acceptance of the panel’s recommendations and the policy being followed when the recommendations were in the pipeline.

The bench sought this affidavit after Additional Solicitor General Maninder Singh, who appeared for the Army, submitted that the promotion was being done on a pro-rata basis since 2004 but it was an interim arrangement. He said that since 2009 the Command Exit policy was being officially implemented.

The government had released 1,484 vacancies of Colonels by upgrading an equal number of Lt Col vacancies to be distributed in two phases called AVSC I (750 vacancies) in December 2004 and 734 in November 2008 under AVSC II.

While the number of vacancies in AVSC I were allocated between various arms on pro-rata basis, Singh said, AVSC II vacancies were distributed on Command Exit Model since 2009.

Singh said the AFT erred in holding that since the government did not object to promotion of officers on pro-rata basis, it amounted to an approval of this policy and hence the new policy was bad in law.

At this, the bench wanted to know whether there was any explicit communication by the government to the Army regarding the pro-rata policy or the Command Exit model. Singh attempted to show certain documents to buttress his affirmation but the bench said it would rather wish the government to file an affidavit of its own, explaining its stand.

There is already a stay on the AFT judgement, which had held this policy to be in violation of right to equality. The court, on the other hand, has also asked the Army to not conduct any selection board. It will hear the matter next on April 29.

Source:: Indian Express