The main legal point established in the judgment is the significance of the No.1 Selection Board's recommendation and the approval by the Chief of Defence Staff in the promotion process, particularly in considering the medical classification and employability of the officer in the next higher rank.

JUDGMENT

A.S. Bopanna, J. - The appellants/Union of India & Ors. are before this Court in this appeal, assailing the order dated 07.01.2022 passed by the Armed Forces Tribunal, Regional Bench, Lucknow (for short, AFT) in OA No. 619 of 2021. Through the said order the AFT has allowed the OA and held that the respondent is entitled to promotion to the post of Additional Major General (Litigation) in the Judge Advocate Generals Branch with all consequential benefits from the date of declassification of No.1 Selection Boards result on 05.05.2021. The order was directed to be implemented forthwith.

2. The brief facts are; the respondent is an officer of the 1989 Batch and is presently serving as Brigadier in the Judge Advocate General (for short, JAG) branch of the Military. He has put in 33 years of service. The respondent is presently designated as the Deputy Judge Advocate General. The promotion to which the respondent claims entitled is to the rank of Major General which corresponds to the post of Additional Judge Advocate General. The rank of Major General in the JAG Branch had fallen vacant on 01.12.2020. The No.1 Selection Board comprising of (i) Chief of the Army Staff, (ii) Vice Chief of the Army Staff (iii) 06 Army Commanders and (iv) the Military Secretary, on consideration in its meeting on 26.10.2020 recommended the respondent for promotion. It is the case of the respondent that after clearance by the Selection Board the Chief of Defence Staff secured all information relating to the respondent, including that he had scored 94.482 marks which was the highest. With regard to the query relating to the medical status of the respondent, it was intimated to the Chief of Defence Staff that the re-categorisation Medical Board on 12.02.2021 had indicated that medical status is the same as was in the previous pre-categorisation Medical Board proceedings held on 14.08.2018. The respondent at that stage had been classified as SHAPE-2 COPE-2. The Chief of the Defence Staff was also informed that the respondent despite such classification continues to perform the duties of Deputy JAG of the entire command which involves heavy workload. The Chief of Defence Staff on considering all aspects, including the medical condition, cleared the respondent for promotion as the medical condition indicated would not be a hurdle. Pursuant thereto the competent authority also granted its approval for promotion of the respondent. The respondent contends that the Central Government had also cleared but at that stage, the Military Secretary who has no such power had introduced the rider interfering with the promotion of the respondent. The respondent contends that the No.1 Selection Board had considered the medical condition in detail and the Chief of Defence Staff as also the competent authority had accepted the recommendation of the No.1 Selection Board.

However, despite all this since the benefit of promotion was not accorded, the respondent filed an application before the AFT seeking for the relief.

3. The case of the appellant is that in the Indian Army, every staff selection, whether it is an appointment or promotion is done by following a prescribed procedure under the Rules. The appointment/promotion is always subject to meeting the medical criteria. An individual in the Indian Army is selected to the higher post subject to medical fitness irrespective of the Branch in which she/he is required to serve. Even if selected, the promotion would be available only if the medical criteria is satisfied. In the instant case, the respondent was placed in low medical category for Hypertension P2 (P) with COPE Coding C201P1El which is provided for in the Adjutant Generals Branch policy letter dated 16.02.2018 as non-promotable category. However, the Board considered him and recommended for promotion keeping in view that he was placed in low medical catego