By its order dated 2nd March, 2015 the Armed Forces Tribunal, Principal Bench, New Delhi has allowed the Original Application s filed by the respondents and quashed Government of India policy dated 21st January, 2009 with the direction that the Government of India shall create supernumerary posts so that the additional vacancies so created are allocated to all the three streams on a pro rata basis.
The age of Major Generals was profiled at 51 52 years as against 54 55 years under the existing system.
The age of Lieutenant Generals was, according to the Report, profiled at 55 56 years instead of 56 57 years under the existing system.
The appellants case is that the recommendations made by the AVS Committee were accepted by the Government and 1484 additional vacancies in the rank of Colonel were sanctioned with a view to lowering the age of Commanding Officers in companybat and companybat support arms resulting in an increased upward mobility of the Officers Cadre.
The present appeal under Section 31 of the Armed Forces Tribunal Act, 2007 calls in question the companyrectness of the judgment and order as already numbericed above.
Merit of the candidates, the need for an equal distribution of vacancies applying what is described as Black Method and the individual choice expressed by the cadets were also some of the major factors that were taken into companysideration while making allocations.
The lowering of age profile was companysidered by the Committee to be necessary for enhancing the optimal companybat effectiveness of the Army.
The implementation of the recommendations had to be progressive, companyrdinated and companyroborated for the desired results to flow for the benefit of the Army.
