T.S.THAKUR, C.NAGAPPAN
Union of India – Appellant
Versus
Atul Shukla etc. – Respondent
Judgment :-
T.S. Thakur, J.
1. These appeals arise out of separate but similar orders passed by the Armed Forces Tribunal, Principal Bench, New Delhi, whereby the Tribunal has allowed the petitions filed by the respondents holding them entitled to continue in service upto the age of 57 years in the case of officers serving in the ground duty branch and 54 years in the case of those serving in the flying branch of the Indian Air Force. The solitary question that falls for our consideration, therefore, is whether the respondents who at the relevant point of time held the rank of Group Captain (Time Scale) in the Indian Air Force were entitled to continue in service upto 54 and 57 years depending upon whether they were serving in the flying or ground duty branch of the force. The question arises in the following backdrop:
2. Post Kargil War, the Government of India constituted a Committee headed by Ajay Vikram Singh, former Defence Secretary (hereinafter referred to as AVS Committee) to study ways and means that would help ensure a “younger age profile” for the commanding officer in the I
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