Ex Sub Maj & Hony LtAmb Asst Geg Raj vs UOI & Others on 13 November 2025

O R D E R

13.11.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for the following relief:- (a) To declare the action of the Respondents as unjust, arbitrary and illegal; (b) To quash the Respondents letter No 359007C/Gen/2022 dated 18.11.2022;

(c) To direct the Respondents to grant Hony Commission as Hony Lieutenant on the occasion of Republic Day dated 26.01.2022 and pay the dues from the date of 26.01.2022 to 15.08.2022 and update the last pay drawn in the documents, dues of pension from 30.10.2022 to disposal of the application and further pension will be given as per the rectified last pay in the documents, and other benefits accordingly;

(d) To grant an interest of 18% on the delayed payment of dues; (e) To award exemplary costs upon the Respondents in the facts and circumstances of the record; and (f) Such other order or orders, direction/directions be passed so as to this Learned Tribunal may deem fit and proper in accordance with law.

2. Brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 17.12.1988 and was discharged from Service on 31.10.2022 in the rank of Sub Maj (Hony Lt). While in service, the Applicant was posted to 405 Field Ambulance in Tenga Valley of Arunachal Pradesh from 01.01.2014 to 02.10.2016 for which casualty regarding his posting in and posting out from remote locality area (RLCA1) was published by his unit vide Part II Orders dt 09.01.2014 and 13.10.2016 respectively. Before consideration of the Applicant for grant of Honorary commission of Lieutenant in the occasion of Republic Day 2022, master data sheet was forwarded to the Applicant for verification, wherein it was noticed that his service in RLCA1 area from 01.01.2014 to 02.10.2016 was not found recorded and the objections were duly rectified by his then unit, 158 Base Hospital. Later, it was found that the Part II Order for posting In and Out from RLCA1 area on 01.01.2014 and 02.10.2016 respectively were rejected by Records Office. After protracted correspondence between 405 Field Ambulance, 158 Base Hospital and the Records Office, the Part II Order for Posting In and Out from 405 Field Ambulance were cancelled and re-published vide Part II Order dt 12.06.2022 and by that time, the Applicant lost the chance for grant of Hony Lt on the occasion of Republic Day 2022 due to non-inclusion of the above period in the master data sheet. After re-publication of Part II Order on 12.06.2022, the same was included in the master sheet for grant of Honorary Commission on the occasion of Independence Day 2022 and the Applicant was granted Hony Lt on the occasion of Independence Day 2022. The Applicant submits that the Applicant had served in RLCA1 area and Part II Orders for the same were also published. The Applicant has reiterated that it is undisputed fact that he served in RLCA1 area and he had also raised his observations in time but the observation was not rectified by the Respondents and the Applicant missed his first chance for grant of Hony Lt for no fault of him due to which he suffered monetary loss for eight months. After retirement, the Applicant raised representation dt 23.10.2022 for grant of Hony Lt wef 26.01.2022 instead of 15.08.2022, however, the same was rejected vide impugned Order dt 18.11.2022. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that Part II Order for posting in and out of the Applicant in RLCA1 area was published by the then unit of the Applicant. The present unit of the Applicant, ie., 158 BH was deployed in tactically important Zimithang Sector and was actively involved in Op Snow Leopard since post Galwan clash. However, on receipt of observation, the present unit made all efforts to rectify the observation by making correspondence to Records Office and the then unit of the Applicant. Moreover, the Applicant should also have ensured that all his casualties in the then unit were published before leaving his unit on his posting to another unit. However, on raising of the observation by the Applicant, it was intimated by the Records Office vide their letter dt 10.07.2021 that the Part II Order was rejected/not accepted without mentioning any reason for the same. However, the unit had not received the intimation regarding rejection of Part II Order for the same and, hence, there was no communication either from 158 BH or Record Office till Jun 2022. The communication about re-publication of Part II Order on 12.06.2022 for posting In and Out of of the Applicant from RLCA1 on 01.01.2014 and 02.10.2016 respectively was received by the Record Office on 17.06.2022. Further, the Applicant has not availed the departmental remedy available to him before filing the present OA. In view of the aforesaid averments, the Respondents have reiterated that 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 on record.

5. Perusal of records reveal that the occurrence regarding posting in and out of the Applicant from 405 Field Ambulance in RLCA1 area was published through Part II Orders. However, the same was rejected/not accepted by Records Office without mentioning any reasons. Further, there is no record available, whether the Record Office had intimated the then unit of the Applicant, ie., 504 Field Ambulance regarding rejection of the Part II Orders. The observations for inclusion of RLCA1 period from 01.01.2014 to 02.10.2016 in the master sheet was forwarded to Records Office vide 158 BH letter dt 14.06.2021 (Annexure A/5). Further, 405 Field Hospital vide their Signal No A-8031 dt 28.06.2021 had reiterated to AMC Records that casualty regarding posting in of the Applicant in RLCA1 were published vide Part II Orders dt 09.01.2014 (Annexure A/6). It is strange that despite knowing the fact that the Applicant had served in RLCA1 area for which DO Part II had already been published and inclusion of this period in master sheet was crucial for consideration of the Applicant for grant of Honorary Commission to the rank of Lieutenant on the occasion of Republic Day 2022, the Records Office took no proactive steps to either accept the already published part II Orders or to get the same re-published from the then unit of the Applicant before submission to higher authorities. The Record Office mere did the formality of informing the unit that the Part II Order of the Applicant for posting in to RLCA1 was rejected/not accepted by the Record Office, that too without intimating the reasons for rejection of the Part II Order. Further, maintenance of documentation and updation of posting profile is the sole responsibility of concerned Record Office, which the Record Office failed to do on time. If the Part II Order for posting In/Out were rejected by the Record Office, it was his responsibility to ensure that the concerned unit has cancelled the existing Part II Order and re-publish the same. The Record Office also not clarified that how the Part II Order of Posting In of the Applicant to another unit from 405 Field Ambulance was accepted without accepting Part II Order of Posting Out of the Applicant from 405 Field Ambulance and if the Part II Order of Posting Out of the Applicant from 405 Field Ambulance was accepted by the Record Office, why Part II Order for cessation of RLCA1 was not accepted. If there was some gap in posting profile of the Applicant, it was the responsibility of the concerned Record Office to get it rectified by intimating the concerned unit. It is the collective responsibility of the Record Office and the Unit to update the documentation of their personnel and the individuals cannot be punished for no faults of them. It is rather surprising that the Record Office intimated the present unit of the Applicant about rejection of earlier Part II Order, but took no proactive steps to get the same cancelled and re-published from the then unit of the Applicant, ie., 405 Field Ambulance.

6. Taking note of overall facts and circumstances and also the fact that the Applicant was granted Honorary Commission of Lieutenant on his second chance after inclusion of above period in his master data sheet, we direct the Respondents to reconsider the case of Applicant with his batch-mates in 26.01.2022 after inclusion of above period in his service profile and if the Applicant finds place in the merit list of 26.01.2022, grant him the rank of Hony Lt wef 26.01.2022 along with consequential pay and pensionary benefits within a period of four months from the date of receipt of a certified copy of this Order and the outcome thereof shall be communicated to the Applicant.

7. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-