AFT directs Defence Ministry to amend some parts of promotion policy for top IAF officers
Vijay Mohan
Chandigarh, April 17
The Armed Force Tribunal (AFT) has directed the Ministry of Defence to review and amend portions concerning the convening of selection boards in the promotion policy in vogue for the selection of senior officers in the Indian Air Force.
“The respondents need to review Para 7 of the promotion policy dated November 11, 2020 and lay down the requirements and circumstances under which a second promotion board will be conducted and also lay down the guidelines for the same, and the policy letter may then be accordingly amended,” the Tribunal’s Bench comprising Justice Anu Malhotra and Lt PM Hariz ruled.
The Bench stated this while dismissing the petition of a retired Air Vice Marshal who was not empanelled for promotion to the rank of Air Marshal and was aggrieved for having to retire on December 31, 2019 since a second special promotion board, 2019 was not convened in spite of a vacancy that accrued in the forenoon of the same day.
“The letter dated November 11, 2020 at Para 7 states that the promotion boards shall assemble once a year or more depending upon specific requirement. Since there is provision for conduct of a secondpromotion board based on specific requirements, it is imperative that the respondents lay down the requirements and circumstances under which a second promotion board will be conducted and also lay down guidelines for the same,” the Bench said.
The promotion procedure in question, Promotion Policy – Air Ranks lays down the overall methodology for the conduct of promotion boards to the ranks of Air Commodore, Air Vice Marshal and Air Marshal. The policies for appointment of Chief of the Air Staff, Vice Chief of the Air Staff and Air Officers Commanding-in-Chief are different.
In 2019, the petitioner had been considered for promotion to the rank of Air Marshal along with three other officers for two vacancies forecasted for 2019-2020 accruing in June 2019 and December 2019.
Two out of the four officers were approved for promotion. The first empanelled officer was elevated as Air Marshal against the retirement vacancy that occurred in June 2019. The second empanelled officer could not be promoted as he retired in October 2019, before the second vacancy became due in December 2019.
The petitioner had contended that the respondents ought to have convened a second special promotion board in 2019 to consider eligible officers for the vacancy that went unutilized on December 31, 2019 consequent to the second empanelled officer in the board retiring in October 2019, prior to the accrual of the vacancy.
The defence ministry had contended that special promotion boards are normally held once a year and that it was only in exceptional circumstances that a second promotion would be considered, depending on various factors at hand.
