HC reserves order in Navy promotions case for Dec 20

Mumbai, Nov 29 (UNI) The Bombay High Court today reserved orders to December 20 on a petition filed by Commander (timescale) Ravindra Kshirsagar submitting that on March 11, 2005, the Centre had issued a letter to the Defence Forces to accept recommendations for promotions by the Ajai Vikram Singh Committee, which was not accepted in complete terms as prescribed by the Naval forces.

A division bench, comprising Justices F I Rebeillo and A V Mohta, were told that according to the recommendations, Lieutenant Colonels (timescale) who had completed 26 years in the Army service should be promoted to Colonel (timescale). All the Wing Commanders (timescale) completing the said period of 26 years in the Air Force had to be promoted to the rank of Group Captain (timescale) and Commanders (timescale) in the Navy to be promoted to Captain (timescale).

The petitioners' counsels Satyendra Kumar and Shyam Mehta submitted that the Army had promoted 1651 officers while the Air Force had promoted 750 of its officers in one stroke with effect from December 16, 2004.

However, the Naval Forces stipulated certain conditions in connection with promotion of Commanders to the rank of Captain (timescale). Their contention was that Commanders (timescale) would be promoted as Captain (timescale) only after all the selected Commanders and Acting Commanders were promoted to the Captain's post or if they retired.

They further contended that the letter from the Government of India provided that all Commanders (timescale) and Lt Commanders who had been superseded would be eligible.

Also, most officers would not gain from the said policy as by the time the selected list was promoted, the timescale potentials would retire. The Navy's action was hence unreasonable and discriminatory, they told the court.

Navy's Counsel Rajiv Chavan, in response to the court directives today submitted that if the Navy promoted the erstwhile Commanders (timescale) to Captain (timescale) on completion of 26 years of commission service, these 282 Commanders would become senior to all the Commanders/Acting Commanders selected and supercede more than 1300 of them in one stroke.

This is not in the interest of the functioning in the hierarchial structure of the Navy and upsets the command and control chain, he said, adding that he, however, has sought three weeks' time for the Navy to consider adopting the policy of promotion in one stroke, whereafter the court will deliver its order.

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