New Delhi: In a significant development, a military court stayed the retirement of a Brigadier till his promotion board results are released by the Defence Ministry a few days before his superannuation.
The principal bench of the Armed Forces Tribunal (AFT) issued this judgment in favour of Brigadier KK Nandwani, who is a doctor with the Army Medical Corps, and had approached the court as the results of his promotion board for elevation to the rank of Major General were not being declassified and he would have retired by August 31.
"We direct that the retirement of the applicant should not be given effect to till declassification of results of the said No. 1 Promotion Board (AFMS) for AMC after it is reconvened, as ordered on July 19 this year. In case the applicant is approved for promotion to the rank of Major General and there is a vacancy available for his promotion on that date, he should be promoted with effect from August 31, 2020," the bench headed by AFT Chairman Justice Rajendra Menon said in its order.
However, the court made it clear that in case, Nandwani is not approved for promotion by the reconvened board, he will be deemed to have retired on August 31 and he will return any salaries or allowances, if any, beyond his pension that may have been paid to him with effect from September 1, 2020, for his services after that date.
In the plea filed through his counsel Major SS Pandey, it was pointed out that the promotion board in question was supposed to be held in entire 2019 but was held with a long delay in April 2020 only.
Pandey said when the delayed board was held on April 28, 2020, its proceedings were submitted to the Defence Ministry for approval on the 29th but they were not approved and returned on July 29 with an order to reconvene which was " being unfair and detrimental to my client's interests."