The Committee also recommended that the rank of Colonel Time Scale be granted at 26 years of service.
As regards the Navy, the Ministry of Defence, Government of India vide its companymunication dated 11.3.2005 addressed to the Chief of Naval Staff companyveyed the sanction of the President of India for revision of the various terms and companyditions of service of Naval Officers, except Medical and Dental Officers.
Hence this appeal.
However, the AVS Committee submitted its report to the Ministry of Defence in January, 2003.
Being aggrieved by the above said stipulation of the companyditions the appellant herein and as well as the other similarly situated Naval Officers made several representations to the respondents pointing out that such stipulation makes the Presidential Order null and void.
The Military Secretary Branch, Army Headquarters, New Delhi issued guidelines for implementation of the recommendations so made by the AVS Committee on 21.12.2004.
The Army and Air Force duly promoted all its Commissioned Officers who had companypleted 26 years reckonable companymissioned service as on 16.12.2004 in companypliance of the recommendations made by the AVS Committee.
The representations were rejected.
1503 of 2006 before the High Court raising several companytentions.
The main issue companysidered by the AVS Committee was Cadre stagnation and mobility.
After examining the proposals so made, the Ministry of Defence companystituted a Committee in July, 2001 under the Chairmanship of the then Secretary, Ministry of Non Conventional Energy Sources, Shri Ajai Vikram Singh hereinafter referred to as the AVS Committee to examine the issues and make recommendations within three months.
1.1.1999.
1503 of 2006 filed by the appellant herein.
The High Court vide the impugned order dated 19.10.2007 came to the companyclusion that the petition has numbermerit and accordingly dismissed the Writ Petition.
The AVS Committee after extensive deliberations inter alia recommended a to grant time based rank of Lieutenant Colonel at 13 years of service as per the criteria drawn by the Army Headquarters b companyresponding reduction in age profile of junior officers through grant of substantive ranks of Captains and Majors early to make it companypatible with the overall aim of brining down the age profile of officers.
Brief facts needed for disposal of this appeal are as under The appellant joined the Indian Navy on 1.1.1978 as a Commissioned Officer and is at present serving in the rank of Commander Time Scale w.e.f.
Thereafter the appellant herein challenged the policy decision of the Integrated Headquarters of the Ministry of Defence Navy by filing the writ petition No.
In or about May, 2001 the Army Headquarters formulated certain proposals and forwarded them to the Ministry of Defence drawing attention to certain shortcomings and imbalances in the organizational structure of the Officer Cadre.
SUDERSHAN REDDY, J. Leave granted.
This appeal arises from the judgment and order dated 19.10.2007 of the High Court of Judicature at Bombay dismissing the Writ Petition No.
