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2024 Supreme(SC) 1150

B. R. GAVAI, K. V. VISWANATHAN
Lt. Col. Suprita Chandel – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Mrs. Vibha Dutta Makhija, Sr. Adv, Rakesh Kumar, AOR
For the Respondent(s): Mr. K M Nataraj, A.S.G. Mr. R Bala, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Vatsal Joshi, Adv. Mr. Sanjay Kumar Tyagi, Adv. Mr. S S Rebello, Adv. Mr. Anuj Srinivas Udupa, Adv. Mr. Akshay Amritanshu, Adv. Mr. Siddhant Kohli, Adv.

JUDGMENT

K.V. Viswanathan, J.

1. This appeal challenges the order of the Armed Forces Tribunal (AFT) Regional Bench, Lucknow dated 05.01.2022 in Original Application No. 241 of 2021. By the said order, the AFT dismissed the application of the appellant and declined her prayer for reliefs similar to the ones granted by the judgment dated 22.01.2014 of the AFT Principal Bench in O.A. No. 111 of 2013 and batch, to the applicants therein. The appellant claims that those applicants were identically situated with her.

2. The appellant on 10.03.2008 was commissioned as a Short Service Commissioned Officer in the Army Dental Corps (AD Corps). She was at that time 27 years 11 months and 28 days of age. The regulation, as it then stood, entitled her to three chances for taking up the departmental examination for permanent commission. It also provided extension of age limit. The relevant clauses, namely, Para 12 of Army Instruction 15 of 79 and Para 4(a) and 4(b) of AI 37 of 78 read as under:

    “…Officers granted Short Service Commission will be given three chances for taking up the departmental examination for permanent commission. Two chances will be given after completion of 2 years of service a

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