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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Ravi Khandelwal (Wg Cdr) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background of the application for permanent commission. (Para 1 , 2) |
| 2. insights from the aft dismissal reasoning. (Para 3) |
| 3. arguments from both parties regarding eligibility. (Para 4 , 5) |
| 4. contradictions in the advertisement and instructions. (Para 6 , 7 , 8) |
| 5. precedent and distinct circumstances in previous decisions. (Para 9 , 10) |
| 6. no entitlement to permanent commission as a right. (Para 11) |
| 7. conclusion of the judgment. (Para 12) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J. The present petition impugns order dated 10th February, 2020 passed in OA No.1548/2019 whereby the said OA was dismissed by the Armed Forces Tribunal, Principal Bench, New Delhi (AFT). The said OA was filed on behalf of the petitioner, seeking following reliefs:
"(a) Set aside the impugned order dated 04.04.2019;
(b) Direct the respondents, particularly Respondent Nos. 2 and 3, to immediately consider the applicant for an interview vide a third chance before the Departmental Special Permanent Commission Selection Board; or in the alternative,
(c) Direct the respondents to forthwith grant the applicant relief of Special Permanent Commission."
2. The petitioner, a serving Wing Command
No serving officer has a right to a permanent commission, eligibility must conform to established policies, overriding any inadvertent errors in promotions or advertisements.
No SSC officer can claim permanent commission as a matter of right, only have a right to be considered as per extant rules.
Permanent Commission in Indian Army – Where a citizen aggrieved by an action of government department has approached court and obtained declaration of law in his/her favour, others similarly situated....
Grant of Permanent Commission to Short Service Commission Officers in Indian Navy – Any Annual Confidential Report which has not been communicated to petitioner shall not be considered for the purpos....
Judicial review of executive policy decisions is permissible only if found to be arbitrary or in violation of statutory rules. Policy decisions should provide reasonable opportunities for considerati....
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
Interim relief in employment cases must demonstrate established rights, especially when addressing personnel policies within defense services.
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