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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

28.

OA 117/2023 with MA 182/2023

Ex Hony Sub Maj Mohammad Hussen, S/o Kasm Ali Khan, Resident of F-2,

New Roshan Residency II, Near Darbar School, 100 Ft Road, Udhyog

Nagar, Jhotwara, Jaipur, Rajasthan – 302 012

…. Applicant

Versus

1. UOI, through the Secretary, Ministry of Defence, Govt of India, New

Delhi – 110 011

2. Chief of the Army Staff, IHQ of MoD (Army), South Block, New Delhi –

110 011

3. Adjutant Generals’ Branch, IHQ of MoD (Army), Room No 279 (C),

South Block, New Delhi – 110 011

4. The OIC, ASC Records (South), Bengaluru – 560 007

…. Respondents

For Applicant : Mr. Rameshwar Lal, Advocate

For Respondents : Mr. OP Jhajhria, Advocate

CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

28.01.2026

MA No 182/2023

1. The applicant has filed this MA praying for condonation of delay of one year,

three months and 29 days involved in filing the OA. The delay is condoned. MA

stands disposed off accordingly.

OA No 117/2023

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed

this OA praying for setting aside the Impugned Order dated 04/1/2022 and direct the

Respondents to produce the records pertaining to the subject matter. He has further

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prayed for directing the Respondents to grant Honorary ranks of Lieutenant wef

15/8/2020 and Captain wef 26/1/2021 to the applicant with all consequential benefits

thereon alongwith arrears with interest @ decided by the Hon’ble Tribunal and pay

the cost of litigations.

3. Vide Reply Statement, the Respondents have submitted that the applicant was

enrolled in the Army in Clerk Trade on 28/4/1991 and was discharged from service

wef 30/4/2021 under Rule 13 (3) Item III (1) (i) (a) on completion of his terms of

engagement in the rank of Subedar. While serving with 898 AT Bn, ASC, Master Data

Sheet containing service details of the applicant was forwarded to the Bn for scrutiny

and signatures of the applicant authenticating its correctness of the service details

and early return vide ASC Records letter dated 27/9/2019. However, the same Master

Data Sheet was returned by the applicant duly signed alongwith certain observations

vide 898 AT Bn letter dted 09/10/2019. Accordingly, ASC Records (South) approached

the concerned Formations/Units to settle the observations raised by the applicant and

confirmation for settlement of the observations. Thereafter, the applicant had

approached Chief of the Army Staff directly vide his petition dated 29/10/2021,

which was also suitably replied to vide AG’s Branch, IHQ of MoD (Army) letter dated

04/1/2022. Respondents have further submitted that Honorary Commission is not a

promotion but an honour which is granted to most eligible Subedars/ Subedar Majors

after drawing merit based on their whole service record, ie, field service, courses,

medals, commendations, honours and awards, participation in sports, length of

colour service etc, with negative marking for punishments awarded. As grant of

honorary commission is merit based,processing of recommendations for consideration

of a person for grant of honorary commission does not guarantee the award of the

same. Unlike promotion, honorary commission is not a statutory right of a Junior

Commissioned Officer, neither it is a discretion by any of the authorities. In order to

select the most eligible JCOs from the rest, a strict, transparent and foolproof system

is in force, which is time tested. The process consists of multi level scrutiny by the

Record Office and Board of Officers detailed at every stage for drawing of the panel,

preparation of Master Data Sheet, call for recommendations from OC Units and

preparation of Recommendation Roll and Data Sheet. To ensure transparency, the

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Master Data Sheet containing all aspects of profile counted for the merit are

prepared, scrutinized and sent to the individual for his satisfaction, signature and

countersignature by his OC Unit 24 months in advance to his date of retir