Hony Sub Maj Mohammad Hussen (Army) vs UOI & Others on 28 January 2026

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 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

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 retirement. Then, after including leftover details, if any, pointed out by the individual and if found correct, Recommendation Form is prepared, scrutinized by two different boards of officers and processed to concerned Command HQ for further scrutiny and submission to IHQ of MoD (Army), Ceremonial & welfare Directorate. Thereafter, the documents are further processed to IHQ of MoD (Army), AG’s Branch (CW-2) for preparation of final merit list and grant of Honorary Commission as per the vacancies allotted to each Regiment/Corps. Thus, all the stipulated aspects of service in respect of the Applicant have been considered and evaluated as per the policy and the prescribed yardsticks. It is also pertinent to mention that as per Para 177 of Regulations for the Army 1987 (Revised Edition), only 12 out of 1000 Junior Commissioned Officers are awarded Honorary Commission. Further, the marks awarded at the IHQ of MoD(Army), CW-2 Directorate, based on the recommendations Roll prepared on specific format highlighting the service profile as per service dossier of an individual and the system of marking is not percolated down to lower level. Respondents have concluded by stating that becoming eligible to be considered for grant of Honorary Commission does not warrant grant of the same to all such JCOs. Unlike promotion, Honorary Commission is not a statutory right of a JCO as the complete career profile of the applicant is considered and evaluated as per the policy and the prescribed yardsticks, the applicant, however, being low in merit, was not granted Honorary Commission.

4. We have heard the counsels for the parties extensively and perused the material on record.

5. Perusal of record reveals that ASC Records (South) had, in no uncertain terms, clarified to the applicant in response to his RTI Application and the Legal Notice, that the entire service profile of the applicant had been incorporated in the Master Data Sheet and the Recommendation Roll submitted for consideration for grant of honorary commission to the applicant. However, it did not find favour being low in merit, coupled with limited number of vacancies. Perusal of record further reveals that apart from clarifying the position to the applicant in response to his RTI Application dated 18/12/2022, Record Office, vide their letter dated 07/2/2023, had advised the applicant to prefer an Appeal to the Appellate Authority, ie, the Deputy Commandant & Appellate Authority, No 2 Training Centre, ASC College & Centre, Bengaluru, in case he was not satisfied with the reply furnished to him, within a period of 30 days of receipt of the letter ibid. However, the applicant had not paid any heed to the advice of the Record Office to raise the level in seeking information.

6. In view of the foregoing, we deem it appropriate to waive the time stipulated in submitting the Appeal and direct the Applicant to submit an Appeal to the Appellate Authority as advised in the letter dated 07/2/2023, within one month from the date of receipt of a copy of this Order. Upon receipt of such an Appeal from the Applicant, we expect the Appellate Authority concerned to take into consideration the entire gamut of issue involved, entire service profile of the applicant as well as the concerns raised by the applicant in the OA and in his letters written in this regard and take a final decision on the issue of grant of Honorary Commission to the Applicant prior to his discharge from service or otherwise within three months thereafter. The outcome thereof may be communicated to the applicant.

7. With the above directions, the OA is disposed off. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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