AI Structured Summary
Not yet generated for this judgment
Judgment
This application under Section 14 of the Armed Forces Tribunal Act, 2007 has been filed by the applicant who is a serving IAF SSC woman officer who is aggrieved on not being granted Permanent Commission (PC) and stands released from service as on 06.07.2022. The applicant has made an interim prayer that her release be stayed pending disposal of her Statutory Complaint dated 08.06.2022 or disposal of the OA.
Pursuant to our order dated 01.07.2022 the matter related to the interim prayer was heard in detail today.
The Counsel for the applicant reiterated the details of the applicant’s case and elaborated that despite her professional record and performance, she had not been granted PC in all the three considerations; in 2020, 2021 and 2022. The Counsel further added that the applicant’s AR Feedback covering the period 2013 to 2017 stated that her individual average was above that of the peer group average, in that while the applicant’s professional and behaviour average was 7.42 and 7.43 respectively, the peer group average was 7.23 and 7.24.
The Counsel further stated that since the applicant had not been granted PC despite her good grading, it was the applicant’s apprehension that she may have had got certain AR not commensurate with her performance. Thus, consequent to her third consideration, the applicant had filed a statutory complaint impugning three ARs; AR-1 covering the period 01.04.2017 to 31.03.2018; AR-2 covering the period 01.04.2018 to 31.09.2019 and AR-3 covering the period 01.02.2019 to 02.07.2019. The Counsel further added that there was lack of clarity on the number of vacancies available for grant of PC as only 9 out of 130 SSCOs had been granted PC. He further stated that with the introduction of new HRP, many batches were clubbed together for consideration further reducing the chance of being granted PC. The Counsel vehemently concluded that the release of the applicant on 06.07.2022 be stayed till the disposal of the statutory complaint.
The Counsel for the Respondents briefly reiterated the salient issues and added that the applicant had not been granted PC based on her comparative merit amongst those considered each time. Further elaborating on the merit of the applicant the Counsel gave out the following details :-
Ser
Year of Consideration
Merit position
No of Officers granted PC
(a)
2020
15 out of 16
08
(b)
2021
39 out of 42
09
(c)
2022
20 out of 22
14
The Counsel further stated that since the impugned ARs covered the period 2017 to 2019, the applicant had adequate time to raise file a statutory complaint regarding these ARs well in time even before her first consideration without having to wait till Jun 2022, a month before her release. The Counsel concluded by stating that given her overall merit in various considerations and the fact that she has submitted the statutory complaint at this belated stage, no interim relief be granted.
Having heard both sides, we are of the opinion that the applicant prima facie does not have a case and the balance of convenience too is not in her favour. In view of this, the interim relief is therefore denied.
List again on 12.09.2022.