SURGEON REAR ADMIRAL MANISHA JAIPRAKASH Vs. UNION OF INDIA
LAWS(SC)-2019-10-120
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on October 16,2019

Surgeon Rear Admiral Manisha Jaiprakash Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

L.NAGESWARA RAO,J. - (1.) These Appeals arises out of a judgment of the Armed Forces Tribunal by which the rejection of the statutory complaint filed by the Appellant was upheld. The Appellant was commissioned in the Indian Army as a Lieutenant in the year 1975. She was promoted as a Brigadier on 05.12.2005 and as Rear Admiral/ Major General on 24.11.2007. The Appellant retired as Surgeon Rear Admiral on 31.05.2012. As she was not promoted as Surgeon Vice Admiral, she filed a statutory complaint on 15.07.2010 seeking following reliefs : "(a) Five ACRs prior to ICR- 2007 be compared with ICR-2007 and ACR-2008. (b) Total Expunction of ICR - 2007:- If markings in the assessment on a Select Surg Rear Admiral for selection to the next rank of Surg Vice Admiral are inadequate for selection even to the first Select rank of Surg Caption/ Equivalent from the rank of Surg Commander/ Equivalent. (c) Total Expunction of ACT 2008:- If markings in the assessment on a Select Surg Rear Admiral for selection to the next rank of Surg Vice Admiral are inadequate for selection even to the first Select rank of Surg Captain/ Equivalent from the rank of Surg Commander/ Equivalent. "
(2.) By an order dated 02.09.2011, the statutory complaint was disposed of by giving partial relief to the Appellant which is as follows: "(a) Box grading awarded by SRO in ICR 2006, being inconsistent with the pen picture and profile of the officer, (b) Box grading awarded by DGAFMS in ACR 2006, being technically invalid, (c) Numerical grading awarded by IO, RO and FTO in ICR 2007 on grounds of inconsistency with established profile, (d) Numerical grading awarded by SRO, DGMS (Army) and DGAFMS in ACR 2008 on grounds of inconsistency with established profile, (e) Numerical grading awarded by DGAFMS in SCR 2009, being inconsistent, and (f) Entire assessment, including box grading, awarded by DGMS (N) as HOS in SCR 2009, being technically invalid. 2. The above-mentioned aberrations be removed from the CR Dossier of the officer and she be reconsidered for promotion, by an appropriate Promotion Board (Medical), in accordance with the existing policy. "
(3.) Dissatisfied with the partial redressal of grievance, the Appellant filed O.A. No.19/ 2011 before the Armed Forces Tribunal, Regional Bench, Mumbai (for short "the Tribunal ") which was dismissed by the impugned order. The Appellant is before this Court challenging the validity of the said order of the Tribunal.;


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