AFT stays Brigadier’s retirement until MoD declares promotion board outcomes

Vijay Mohan

Tribune News Service

Chandigarh, September 5

The Armed Forces Tribunal has stayed the retirement of Brigadier KK Nandwani until the results of his promotion board is launched by the Ministry of Defence.

Just three days earlier than the officer was to superannuate in his current rank, the Tribunal’s principal Bench had on August 28 put a maintain on his retirement with an in depth judgement within the case being issued on September 3.

Brigadier KK Nandwani, a physician with the Army Medical Corps, had moved the Tribunal because the promotion board for elevation to the rank of Major General, which had earlier authorized him for the subsequent rank, was not being reconvened by the Army as directed by the Ministry.

Brigadier KK Nandwani was alleged to retire by August 31. However, if authorized for the subsequent rank, his retirement age could be raised and he would proceed in service.

The Bench noticed that the petitioner was advisable for promotion by the board held in April 2020 however the Ministry had not authorized the board proceedings apparently attributable to observations with regard to award of board marks, and as an alternative directed that the board be reconvened. The promotion board, nevertheless, has not been reconvened up to now.

After contemplating the “extraordinary” details of the case the Bench agreed with the petitioner’s contentions that  his retirement on August 31 would place him at a considerable drawback throughout consideration by the promotion board when it’s re-convened at a future date.

“We direct that the retirement of the applicant shouldn’t be given impact to until declassification of outcomes of the stated No. 1 Promotion Board (AFMS) for AMC after it’s reconvened, as ordered on July 19 this 12 months,” the Bench dominated.

“In case the applicant is authorized for promotion to the rank of Major General and there’s a emptiness out there for his promotion on that date, he must be promoted with impact from August 31, 2020,” the Bench added.

The Bench additionally directed that in case the officer was not authorized for promotion by the reconvened board, he could be deemed to have retired on August 31 and he would give up all wage or allowances aside from his pension which will have been paid to him with impact from September 1, 2020, for his companies after that date.

The petitioner had averred that the promotion board was alleged to be held in 2019 however was delayed until April 2020. Thereafter its proceedings have been forwarded to the Ministry for approval however they weren’t accepted and returned on July 29 with an order to reconvene the board.

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