Smt Sumer Kanwar WdO HSM Kesar Singh vs UOI & Others on 25 July 2025

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**

**13.**

**OA 86/2018 with MA 84/2018**

**Smt Sumer Kanwar, wd/o Late Hony Sub Maj Keshar Singh, Resident of Village Paroda, Tehsil Srimadhopur, district Sikar, Rajasthan**

**.... Applicant**

**Versus**

- **1. UOI, through the Chief of the Army Staff, Sena Bhawan, New Delhi**

- **2. The OIC, Records The Rajputana Rifles Regimental Centre, Delhi Cant**

- **3. The Commanding Officer, 19 Rajput Rifles, PIN 912 019, c/o 56 APO**

**.... Respondents**


**For Applicant : Mr Jog Singh Bhati, Advocate** **For Respondents : Mr Tribhuwan Singh, Advocate**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


**1. Under Section 19 of the Armed Forces Tribunal Act 2007, Hony Sub Maj Keshar Singh, the Original Applicant, had filed this OA praying for directing the Respondents to grant him the Honorary Rank of Lieutenant from the date juniors were granted the same with all consequential benefits.**

**यतो न्यायः ततो जयः**

**2. During the pendency of the OA, the said Original Applicant, Hony Sub Maj Keshar Singh, expired on 15/10/2020 and, thus, his surviving widow, Smt Sumer Kanwar, and based on the MA filed by her, has been substituted in place of the Original Applicant, vide Order dated 20/7/2023 of this Tribunal.**


3. Brief facts of the case as enunciated by the original applicant are that he was enrolled in the Army on 29/7/1982 and on completion of basic military training he was posted to 19 Raj Rif in the year 1983 in the rank of Sepoy. Over a period of time and due to sheer dint of hardwork and seniority he was promoted to the rank of Subedar in the year 2005. He was promoted to the ranks consonance to his seniority and outstanding service record. In the year 1994, he was deployed in Special Frontier Force (SFF 22 HQ) and during this tenure, he was sent with the group for special operations for search or militants in difficult terrains of Jammu and Kashmir. The original applicant has also served in 18 RR Bn in Jammu and Kashmir. Apart from all these tenures, he served at the prestigious National Security Guard (NSG), where his services were lauded and appreciated not only by his senior and superior officers but by the Director General, NSG, himself. The original applicant further submits that he was overlooked for promotion to the rank of Sub Major in the Departmental Promotion Committee (DPC) held in 2010 because of his low score service profile, which was due to a mistake committed by the Record Office in not incorporating his service details in CFAA/HA UCA under operation Rakshak in Jammu and Kashmir, resulting in promoting persons junior to him, particularly Sub Maj Gyan Singh of 15 Raj Rif. Further, in the year 2011, Respondent No 3 had recommended the names of Sub Bijender Singh, Sub Ramkaran Singh, Sub Bhawani Singh and Sub Sawai Singh for grant of Honorary rank to them on the occasion of Republic Day 2012, who were much junior to the original applicant by more than four years and all these personnel were promoted to the honorary rank on the occasion of Republic Day 2012. Also, his junior, Sub Suresh Kumar of 46 Brigade was promoted to the rank of Sub Maj on 01/8/2012 barely a day after the impugned discharge of the original applicant, who was promoted to the rank of Sub in the year 2009, much after the original applicant was promoted to Sub rank in the year 2005. He further submits that despite meritorious service profile, he was deprived of his honorary rank promotion and his junior who were low in merit were promoted to Sub Maj and honorary ranks. Having been aggrieved by the partisan stand of the Respondents in not considering the applicant for his due promotion, the original applicant has filed this OA praying for relief.

4. The Respondents have filed a detailed Reply Statement to the OA and have submitted that the Ex Sub & Hony Sub Maj was enrolled in the Army on 29/7/1982 and was to be discharged from service on 31/7/2010. However, in terms of Army HQ letter dated 21/9/1998, he was granted two years extension in service beyond his terms of engagement/age limit. Thus, on completion of his extended tenure, he was transferred to pension establishment on 31/7/2012 under Rule 13 (3) item I (i) (a) of Army Rules 1954. He had rendered 30 years and three days of service. He was granted the honorary rank or Sub Maj on his discharge from service on 01/8/2012. Prior to his discharge from service, the original applicant was considered by the Departmental Promotion Committee to the rank of Sub Maj, but he did not come up in merit for promotion to the rank of Sub Maj. It is pertinent that the entire service profile of the applicant such as Annual Confidential Report grading last five years, field service for 15 years service, Army courses, Honours and Awards etc, in respect of each Junior Commissioned Officers is considered by the DPC while preparing the merit list by the DPC. As far as grant of Honorary rank to the original applicant is concerned, the Respondents have stated that Record Office had recommended his name for grant of the same twice on the occasion of Independence Day 2011 and Republic Day 2012, but on both the occasions, he did not come up in the merit and hence, he was not granted the same. Respondents have further submitted that the Original Applicant had earlier filed OA No 260/2012 before the Hon'ble Armed Forces Tribunal Principal Bench, New Delhi, praying for promotion to the rank of Sub Maj with all consequential benefits in 2010 when his juniors were promoted. The ibid OA was transferred to this Tribunal, numbered as TA No 47/2012 and vide its Order dated 26/3/2015, the Circuit Bench, AFT, Jodhpur, the TA was dismissed as withdrawn. He had also filed yet another OA No 22/2015 (*sic*)/22/2016) before Circuit Bench, AFT, Jodhpur for grant of Honorary rank of Subedar Major with all consequential benefits. While the said OA is pending adjudication, the relief sought for has already been granted to the Original Applicant vide Record Office Part II Order dated 16/8/2012.


5. We have heard the counsels for the parties and perused the material placed on record.

6. Perusal of record reveals that the applicant was enrolled in the Army on 29/7/1982 and was discharged from service 31/7/2012 on completion of his two years extended period of service beyond 28 years, under rule 13 (3) Item I (i) (a). He had rendered 30 years of service and was granted service pension for life for the qualifying service. Upon his discharge from service, he was granted the Honorary rank of Sub Maj on 01/8/2012 as notified by Record Office DO Part II Order dated 16/8/2012. Earlier OA No 260/2012 filed before the Hon'ble Armed Forces Tribunal Principal Bench, New Delhi, by the applicant praying for promotion to the rank of Sub Maj with all consequential benefits in 2010 when his juniors were promoted, which was transferred to this Circuit Bench and numbered as TA No 47/2012, was dismissed as withdrawn vide Order dated 26/3/2015, with liberty having been granted to the applicant to file a fresh OA. He had also filed OA No 22/2016, praying for grant of Honorary rank of Sub Maj with all consequential benefits which was also dismissed as having become infructuous vide Order dated 20/7/2016 of this Circuit Bench as he had been granted the honorary rank of Sub Maj, post his discharge from service. As regards the grant of Honorary rank in active service, the Original applicant at the fag end of his carrier and as is the norm and practice being followed by the Respondents, he was considered twice during Independence Day 2011 and Republic Day 2012, but was not granted the honorary rank in active service as he did not come up in merit to be awarded the same. It is also prudent to observe that Record Office verified Field Service Records of each individual empanelled in the DPC for promotion to the rank of Sub Maj from the individual concerned so that any discrepancy in service profile, if any found by the individual can be rectified, which was forwarded to the Original applicant for any discrepancy in his overall service profile, in which the applicant did not raise any discrepancies in his field service profile and the same was duly signed by him and countersigned by his Commanding Officer and was returned to the Record Office for further processing. It is also not in dispute that upon demise of the said Sub Maj Keshar Singh, his widow has been granted Family Pension as entitled to her.

7. Apart from this, we also observe that although the original applicant was discharged from service on 31/7/2012 he had filed the present OA only on 03/10/2018 that too, after an inexplicable delay of more than six years, which is barred by limitation.

8. In view of the foregoing, since the Original Applicant did not come up in merit for grant of either Sub Maj or Honorary rank in active list because of his overall low merit, we are of the considered opinion that no injustice or illegality has been meted out to him by the Respondents, warranting our interference in this matter. The prayer of the Original Applicant, therefore, for grant of Honorary Rank in active service with all consequential benefits has no merit and is rejected. Moreover, it is but natural that a soldier aspires to reach the pinnacle of his service and even the coveted Honorary Commission in active service, however, given the limited vacancies available for this promotion it is not feasible to promote everyone as it is purely merit based and the person with the highest OA 86/2018 with MA 84/2018 Smt Sumer Kanwar

score in their service profile can only be approved for promotion and grant of Honorary Rank of Lieutenant.


1. 9. The OA is dismissed. No order on costs.

2. 10. Pending application, if any, also stands disposed off.

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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