Citing a Supreme Court judgement, the AFT bench said the government could not permit two dates of retirement for persons working in the same rank. "Once a person is promoted as captain (time-scale), he has to perform all the duties of a captain and draws the same salary and allowance. Therefore, to hold him as a class different from a selection grade captain would be discriminatory," it held.
Holding that the principle had to apply across the board in all the armed forces, the AFT bench rejected the government's contention that time-scale captains could not hold certain appointments/billets, which are held only by selection-grade captains.
"We are afraid this contention cannot survive...What the apex court observed was that deployment remains the administrative prerogative of competent authority. If such a deployment involves any reduction in pay, allowances and other benefits, then it could be said that they are not at par with the captains (selection-grade)," it said.
Several superseded naval officers have knocked on the doors of the AFT to be allowed to serve as time-scale captains till the age of 56, with at least four of them winning their cases against the government till now. It takes around 17-18 years for an officer to be promoted to the rank of a captain in the Navy, which is equivalent to a colonel in the Army.
A superseded officer, in turn, makes it to the captain rank (time-scale) in 26 years. It is the first select grade promotion in the armed forces that have a steeply-pyramidal promotional structure, with only around one-third of officers making it to the next rank at every stage.
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