- (1.)These appeals arise out of separate but similar orders passed by the Armed Forces Tribunal, Principal Bench, New Delhi, whereby the Tribunal has allowed the petitions filed by the respondents holding them entitled to continue in service upto the age of 57 years in the case of officers serving in the ground duty branch and 54 years in the case of those serving in the flying branch of the Indian Air Force. The solitary question that falls for our consideration, therefore, is whether the respondents who at the relevant point of time held the rank of Group Captain (Time Scale) in the Indian Air Force were entitled to continue in service upto 54 and 57 years depending upon whether they were serving in the flying or ground duty branch of the force. The question arises in the following backdrop:
(2.)Post Kargil War, the Government of India constituted a Committee headed by Ajay Vikram Singh, former Defence Secretary (hereinafter referred to as AVS Committee) to study ways and means that would help ensure a "younger age profile" for the commanding officer in the Indian Armed Forces. The Committee made its recommendations in regard to all the three wings of the armed forces which were considered and accepted by the Government culminating in the issue of separate orders regarding re-structuring of the officers cadre in the Army, Navy and the Air Force. In so far as the Indian Air Force was concerned, the Government of India by an order dated 12th March, 2005 revised the terms and conditions applicable to Air Force Officers excluding officers serving in the medical and dental branch. The order was to the following effect: JUDGEMENT_813_TLPRE0_2014_1.html  
(3.)It is evident from the above that a Squadron Leader can, under the new dispensation, be promoted as a Wing Commander upon his completing 13 years reckonable commissioned service in the force. He can be further promoted as Group Captain (Time Scale) after he has to his credit reckonable service of 26 years. The position prevalent pre-AVS Committee recommendations, was that a Squadron Leader who did not make it to the next rank of Wing Commander in three chances admissible to him could become a Wing Commander (Time Scale) and retire upon attaining the age of 52 years in case he was serving the flying branch and 54 years if he was serving in the ground duty branch of the force. This was true even for a Wing Commander (Select) who did not make it to the next higher rank of Group Captain in three chances available to him for such promotion. Post-AVS Committee the Government provided an additional avenue for the Wing commanders to pick up the next higher rank of a Group Captain (Time Scale) even if they were not able to make it to the next rank on the basis of inter se merit. The AVS Committee recommendations and the Government Order were meant to provide relief to such officers, as were not able to go to the next level due primarily to the limited number of vacancies in the pyramid like service structure where the number of posts become fewer and fewer as one climbs higher in rank. The pre-AVS Committee and post-AVS Committee position in regard to the retirement age fixed for various ranks in the Indian Air Force can be conveniently summarised in the following chart: JUDGEMENT_813_TLPRE0_2014_4.html