Ex Sub Prem Kumar vs UOI & Others on 21 May 2026

O R D E R

21.05.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed present OA praying therein to direct the Respondents to include 4 marks of Instructional appointments in the score of the Applicant and if found eligible for grant of honorary commission, award him the Honorary rank of Lieutenant on the occasion of Independence Day 2023.

2. The brief facts as enunciated in the OA are that the Applicant was enrolled in the Army on 28.08.1995 and after having distinguished service career of more than 28 years of service, he was discharged from Service on 31.08.2023

in the rank of Subedar. While in service, the Applicant served in various places ranging from Rajasthan to Leh, Rashtriya Rifle battalion and participated in Operation Vijay, Operation Parakram, Operation Meghdoot and also represented India at United Nation Mission. The Applicant also successfully completed various courses with AX/ Distinguished gradings with 1st position in various courses. Due to his professional acumen, he was posted as Radio Instructor and Tactics Instructor for six years and two months. The Applicant apprehends that four marks for his Specialists appointment as Instructor in the rank of JCO/NCO at Category ‘A’ establishment for the period from 31.08.2003 to 14.09.2006 (3 years and 15 days) and from 03.07.2011 to 04.09.2014 (3 years and 64 days) were not included in the score due to which he was not awarded honorary rank of the Lieutenant. The Applicant further submits that JC-422873Y Sub/Lt Sunil Kumar who was less meritorious and low in comparative merit to the Applicant was awarded honorary rank of Lieutenant on Independence Day 2023, which is a clear discrimination to the Applicant. The Applicant made various representations to the higher authorities but to no avail. The Applicant also sought information under RTI Act, 2005 but he was provided incomplete information. Therefore, the aggrieved Applicant has filed present OA for calling and scrutiny of his master data sheet and, if found eligible after scrutiny of the master data sheet, grant him honorary rank of Lieutenant on the occasion of Independence Day of 2023.

3. The Respondents have filed a detailed reply to the Application. They have not disputed the basic facts presented by the Applicant, however, it has been submitted thatgrant of honorary commission is strictly merit based, relying on length of service, disciplinary aspects, special appointments (including Instructor at Category ‘A’ establishments), honours and awards, commendation cards, stars and medals, Army course qualifications and ACRs of last ten years. Notably, only instructor tenure after securing instructor grading in linked courses at Category ‘A’ establishments and lasting over two years receive weightage. The Applicant’s two instructor tenures at MIRC, Ahmednagar were eligible to be included and were included in master data sheet of the Applicant for the grant of honorary commission. Accordingly, Master data Sheet and Recommendation

Form, including 4 marks for instructional appointments, were sent to CW-2 Directorate, IHQ of MoD (Army) in terms of the established policies prescribed by CW-2 Directorate. However, despite the inclusion of these marks, the Applicant was not granted honorary commission as he was low in comparative merit for Independence Day 2023. The RTI response and further representations confirmed that there was no omission in the inclusion of his service record. Moreover, master data sheet for grant of honorary commission had been returned by the Applicant, duly countersigned by his Commanding Officer without any objections at that point of time. In view of the aforesaid averments, the Respondents have reiterated that the apprehensions raised by the Applicant are is unfounded. The OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for both the parties and perused the material placed before us.

5. In compliance of this Tribunal Order dt 18.03.2026, during the course of arguments, Maj Vishaka Bhosale, OIC Legal Cell produced copy of CW-2 Directorate, AG’s Branch, IHQ of MoD (Army), New Delhi letter dt 19.05.2026, containing the nominal roll of JCOs recommended for grant of honorary commission on Republic Day 2023 and Independence Day 2023 for perusal of this Bench. Perusal of nominal rolls for grant of honorary commission on Republic Day 2023 and Independence Day 2023 reveals that the Applicant has been awarded four marks for Special Appointment of Instructor on both the occasions. Further, perusal of nominal roll of JCOs recommended for grant of honorary commission on Independence Day 2023 also reveals that the Applicant earned accumulated 39 points whereas JC-422873Y Sub Sunil Kumar earned 40 accumulated points in the comparative merit list.

6. From the above, it is clear that four marks of Special Appointment of Instructor were included in the master data sheet of the Applicant at the time of his consideration for grant of honorary commission. The Applicant was lower in merit as that of Sub Sunil Kumar and, hence, Sub Sunil Kumar was awarded honorary rank of Lieutenant. The apprehensions of the Applicant that four marks of Special Instructional appointment were not included in his master data sheet for consideration for award of honorary commission on the occasion of Independence Day 2023 are unfounded and baseless.

7. In-fine, the OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-