- (1.) This appeal is directed against the final judgment and order dated 11.10.2017 in Transfer Application No.08 of 2017 (arising out of CWP 371 of 2017) passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir. The appellant had initially approached the High Court of Himachal Pradesh, which by its order dated 02.04.2017 had directed the respondents to consider the case of the appellant for promotion to the rank of Subedar Major/Honorary Lieutenant. The matter was accordingly considered ind vide order dated 09.10.2015 the case was not accepted. The relevant observations were:- "Whereas, the Hon'ble High Court of Himachal Pradesh vide its order dated 22 April 2015 in the above COCP directed to consider you for promotion to the rank of Subedar Major/Honorary Lieutenant without insisting for Qualitative Requirement (QR) with all the consequential benefits. It is intimated that name of your batch mates (immediate senior and juniors) came up for consideration for promotion to the rank of Subedar Major in the Departmental Promotion Committee (DPC) in the year 2011 for the vacancy arising on 01 June 2012. As per Hon'ble High Court Order your name has also been considered without insisting for QR for promotion in the said DPC but by that time you had crossed the maximum service limit of 30 years on 30 April 2010 including extension period allowed for the rank of Subedar. Therefore, you could not be notionally promoted to the rank of Subedar Major for vacancies arising/occurring on 01 Jun 2012 due to you attaining notional superannuation on 30 April 2010."
(2.) Being aggrieved, the appellant approached the Armed Forces Tribunal, Chandigarh, submitting inter alia that the appellant ought to have been promoted as was directed by the High Court.
(3.) The matter was considered by the Armed Forces Tribunal, which found that the only direction issued was to consider the case of the appellant for promotion to the aforementioned rank and that the appellant could not be promoted as he had crossed maximum age limit of 30 years including extension period. The claim was thus rejected.;