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Army’s Command and Exit Model Upheld by Supreme Court

On Monday 15th Feb, 2016, a Division Bench comprising of Chief Justice of India T.S. Thakur and Justice Kurian Joseph of Supreme Court of India upheld the Army’s 2009 ‘Command and Exit Policy’ and directed the central government to create additional 141 post of Colonel for the promotion of Combat Unit officers.The Bench further set-aside the order passed by the Armed Force Tribunal.

An appeal was filed by the Centre before the Apex Court challenging the judgement passed by the Armed Force Tribunal.  The AFT,,Principal Bench, NewDelhi, quashed the 2009 Command and Exit Promotion Policy on the ground of being discriminatory on March 2015. As per the 2009 policy, while giving promotion, priority should be given to the artillery and infantry officers.

Upholding the policy, the bench said that the command exit model is “laudable” and intended to make Army more efficient and better equipped for combat situations. “There is nothing perverse, unreasonable or unfair about the policy that the age of officers serving in Combat Arms and Combat Arms Support will be lowered by creating additional vacancies to be allotted on Command Exit Model,” the bench said.

Adv. Mikky Sudhakaran