CDR SEEMA CHAUDHARY versus UNION OF INDIA AND OTHERS

CDR SEEMA CHAUDHARY versus UNION OF INDIA AND OTHERS

The Court recalled its earlier order of 20 October 2022 in respect of the petitioner, held that the AFT direction to consider the petitioner together with 2011 and 2014 batches was contrary to the binding directions in Lieutenant Commander Annie Nagaraja, and directed that the petitioner's case be reconsidered afresh by a reconvened Selection Board on a stand-alone basis uninfluenced by prior consideration or AFT observations; if necessary a proportional increase in vacancies may be created as a one-time measure without creating precedent, any ACRs not communicated to the petitioner shall not be considered, and the exercise shall be completed on or before 15 April 2024.

Parties
Petitioner: CDR Seema Chaudhary; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
26 February 2024
Procedural Posture
Review Petition (civil) No.1036 of 2023 / Disposed
Outcome
Review Petition disposed of
Legal Topics
Permanent Commission, Short Service Commission Officers, Selection Board, Vacancies, Armed Forces Tribunal, Natural Justice
Armed Forces Constitutional Law Administrative Law Permanent Commission Short Service Commission Officers Selection Board Vacancies Armed Forces Tribunal +1 more

Case Brief

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Parties

CDR Seema Chaudhary

Petitioner

Union of India and Others

Respondent

Procedural Posture

Review Petition (civil) No.1036 of 2023 / Disposed

Legal Issues

  1. 1 Whether the petitioner, an in-service JAG branch SSCO, was entitled to be considered for grant of Permanent Commission in terms of this Court's directions in Union of India v. Lieutenant Commander Annie Nagaraja
  2. 2 Whether the AFT erred in directing that the petitioner be considered along with officers of the 2011 and 2014 batches, thereby causing prejudice
  3. 3 Whether a proportional increase in vacancies can be created as a one-time measure to accommodate the petitioner without creating precedent

Ratio Decidendi

The Court recalled its earlier order of 20 October 2022 in respect of the petitioner, held that the AFT direction to consider the petitioner together with 2011 and 2014 batches was contrary to the binding directions in Lieutenant Commander Annie Nagaraja, and directed that the petitioner's case be reconsidered afresh by a reconvened Selection Board on a stand-alone basis uninfluenced by prior consideration or AFT observations; if necessary a proportional increase in vacancies may be created as a one-time measure without creating precedent, any ACRs not communicated to the petitioner shall not be considered, and the exercise shall be completed on or before 15 April 2024.

Court Disposition

Review Petition disposed of

Orders

  • Order of 20 October 2022 in Civil Appeal No.2216 of 2022 recalled insofar as it pertains to the petitioner
  • Petitioner's case to be considered afresh by reconvening a Selection Board