Arjan Kumar Sikri, J. - (1.)THIS is a statutory appeal, preferred by Union of India, as provided Under Section 31 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the 'AFT Act'). The appeal is filed against the Judgment and order dated April 15, 2011 passed by the Armed Forces Tribunal (hereinafter referred to as the 'Tribunal), Regional Bench Chandigarh, whereby the Tribunal has partly allowed the Original Application (OA) which was preferred by the Respondent herein. The Appellants have not only challenged the order on merits, but have even questioned the jurisdiction of the Tribunal to deal with the subject matter which was brought before it by the Respondent in the said OA.
(2.)IN order to understand the nature of challenge laid to the jurisdiction of the Tribunal and the direction given while partly allowing the OA of the Respondent, it would be necessary to understand the nature of relief which was sought by the Respondent in the said OA as well as the background facts in which the OA seeking such a relief was filed.
The Respondent joined the Indian Army as a Major. Indubitably, in that capacity he was subject to the discipline of the Army Act, 1950. It is a normal practice that the personnel belonging to the Armed Forces, namely, Army, Air Force or Naval Force, are Seconded to the other offices under the Ministry of Defence, which include Department of Defence Production, Department of Defence Research and Development and Department of Ex -Servicemen Welfare. We are concerned here with Department of Defence Production, which has Director General of Quality Assurances (DGQA for short) as well as Defence Public Sector Undertaking (DPSU). The Respondent was Seconded to DGQA on November 06, 2004 in the rank of Major. At that time, it was temporary Secondment.

It is also relevant to mention here that while the Respondent was in the rank of Major in the Army, he was considered for promotion to the next higher grade, namely, Lieutenant Colonel. However, he could not be promoted because of certain reasons. There is a provision that if an officer is not able to secure promotion to the higher rank after particular number of specified attempts, it is termed as Final Supersession, which means that the said officer would not be considered for promotion to the higher status thereafter. Insofar as promotion from the rank of Major to Lieutenant Colonel is concerned, three chances can be availed by the officer. The Respondent was finally superseded in the Army, in the rank of Major in December 2003. It is also pertinent to point out at this stage that when the Respondent was Seconded to DGQA organisation, there was a provision in DGQA, in the form of OM dated May 04, 1993, that an officer who is finally superseded in the Army will not be entitled to permanent Secondment and can stay at DGQA temporarily only, which means, after some time, he would have to go back to the Army.

(3.)AS pointed out above, the Respondent had already been finally superseded in December 2003 in the rank of Major when he had joined DGQA on November 06, 2004.