All fit and suitable short service officers not approved for permanent commission to get extension beyond 10 years: AFT

Vijay Mohan

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Chandigarh, May 10

The Armed Forces Tribunal has held that all short service commission officers (SSCOs) who are not selected for permanent commission but otherwise considered fit and are willing for the same, will be granted extension in service.

Allowing the plea of a woman SSCO who was denied permanent commission or extension in service after the initial period of 10 years, the Tribunal observed that “grant of extension of service is not contingent upon vacancy”.

The judgement has wide implication for SSCOs in the defence forces, who have an initial contractual obligation of 10 years’ service, extendable by a further four years. On opting for it, SSCOs are considered by a selection board for grant of permanent commission on completion of 10 years’ service or four years extension.

The officer had averred inconsistencies in assessment and processing of her confidential reports for a particular period. She contended that though the competent authority had expunged the complete assessment of the senior reviewing officer in the said report, the reviewing officer’s assessment, which was equally bad in law and suffered from bias and subjectivity, continued to remain on record, thus resulting in her rejection despite her overall high grading.

“The relevant Army Order states that those SSCO’s who are not selected for permanent commission but otherwise considered fit and suitable and are willing for the same, will be granted extension in service,” the officer’s counsel, Col Indra Sen Singh (retd) contended.

“This judgement is of great significance for all SSCOs who opt for extension in service but are denied the same for one reason or the other,” he added.

The Tribunal’s bench comprising Justice Rajendra Menon and Lt Gen CP Mohanty has directed the Central Government to reinstate the woman SSCO in service and grant her four years of extension of service with all consequential benefits.

“We find no reason why the petitioner should not have been considered for extension since she fulfils the criteria of being an optee and by error of judgement declared unfit for retention by the selection board,” the Bench ruled.

As per Ministry of Defence’s letter on 1991, all SSCOs other than non-optees and those considered unfit for extension in service by the selection board will be granted extension, the Bench observed.

The Tribunal has set-aside her entire confidential report for the year 2020 which was considered by the selection board, headed by a Major General, to deny her extension in service or grant of permanent commission.

The Tribunal further ordered that after reinstatement, she will be considered for grant of permanent commission afresh with her revised profile and if found within the laid down merit criteria, will be granted permanent commission without any loss of seniority.