Ashok Bhushan, J. - (1.) We have heard the appellant appearing in-person and Shri Sandeep Sethi, learned Additional Solicitor General for India.
(2.) This appeal has been filed by the appellant questioning the judgment and order dated 23.08.2012 passed by the Armed Forces Tribunal, Regional Bench, Lucknow by which O.A.No.104 of 2011 filed by the appellant has been rejected as not maintainable and returned to the appellant with liberty to file the same before the concerned authority.
(3.) Brief facts of the case necessary to be noted for deciding the issues raised in the appeal are: The appellant was commissioned in the Indian Army on 11.03.1989 in the Engineering Discipline. The appellant was subsequently selected and inducted in the Directorate General of Quality Assurance (DGQA) from 31.05.2004. On completion of two years the appellant was transferred to the Directorate of Indigenization under DGEME. Quality Assurance Selection Board (QASB) was held at DGQA organisation for selection of the officers of the rank of Lt. Col. and Major for permanent secondment. The appellant was not found fit for permanent secondment by the QASB. The appellant filed a statutory complaint seeking permanent secondment in the DGQA. The complaint was submitted at the time when the appellant was working in the Army. The complaint was forwarded to the Ministry of Defence. Since, the complaint pertained to DGQA organisation, the Government of India, Ministry of Defence, Department of Defence Production by order dated 17.12.2007 rejected the statutory complaint of the appellant. O.A. No.104 of 2011 was filed by the appellant before the Armed Forces Tribunal, Regional Bench, Lucknow praying for quashing the order dated 17.12.2007 and issuing a direction to the respondent to grant permanent secondment to the DGQA organisation with all consequential benefits retrospectively.;