Nb Sub Pushpandra Singh v. Union Of India

1. This is an OA under Section 14 of the Armed Forces Tribunal Act, 2007 in which the applicant is aggrieved by non grant of two years extension of service beyond 21.02.2015 as he was not found physically fit for his trade.

2. The brief facts of the case are that the applicant was enrolled in the Army on 21.02.1989 and was promoted to the rank of Naib Subedar (for short Nb Sub) on 01.12.2012 In consonance with IHQ of MoD (Army) letter No. B/33098.AG/PS-2 dated 20.09.2010, he was screened for grant of two years extension by a board of officers held in his parent unit, 13 RAJ RIF, but was not granted the same due to being physically unfit for his trade and discharged on 21.02.2015 on completion of his terms of engagement of 26 years of service.

3. Learned counsel for the applicant has argued that the applicant was posted to 43 Rashtriya Rifles at the time of screening. He had given his willingness for grant of two years extension and was eligible in all respects for such extension. He was fulfilling all the eligibility criteria of ACR, discipline and medical criteria. Therefore, it is argued that his non grant of extension is arbitrary, illegal and in gross violation of Policy Instruction dated 20.09.2010 which has been enclosed as Annexure 3 in the O.A The relevant extracts regarding ‘Physical Fitness’ is reproduced as below:—

“(c) Physical Fitness. PBOR should be physically fit, related to job content depending on trade or category. Arms/Services will lay down specific standards in this regard”

4. Learned counsel for the respondents has produced letter dated 07.12.2010 which lays down the physical standards for screening of PBOR of Infantry, whose para 2 is reproduced below:—

“2. Physical Standard laid down for subject is as under:—

(a) PBOR below 45 years of age. Should be able to pass BPET and PPT in min satisfactory level.

(b) PBOR above 45 years of age. Should be able to pass PPT in min ‘Satisfactory’ level.

(c) LMC Cases. Those who are in LMC, their BPET and PPT will be subject to medical restn as per AO 3/2001.

(d) PBOR in Med Cat SHAPE-2. Should be able to perform their duties in sheltered appt if given to them by CO in commensuration with their disability and should be able to withstand the stress and strain of such sheltered appt

(e) A cert from the CO of the indi concerned will be furnished stating that the indl being considered for extn of Service/Age limits by two years is meeting the required physical std. On receipt of the said cert, the same will incorporated in the bd proceedings under the coin of Physical Std against the name of indl concerned.”

5. Respondents in their counter affidavit have stated that at the time of screening the applicant was meeting all the criteria but was not found physically fit for his trade, as he could not qualify in the tests as laid down above. In the light of above, the screening board held on 31.03.2014 did not recommend him for extension in pursuance with letter dated 07.12.2010 Therefore, the applicant's release from the service on completion of his normal term of engagement of 26 years on 21.02.2015 is absolutely correct in law and does not suffer from any irregularity.

6. Having heard the learned counsel for the parties, and having perused the records, we are of the view that no illegality or irregularity has been committed by the respondents in discharging the applicant on completion of his term of engagement of 26 years of service in the rank of Nb Sub on 21.02.2015 He was not granted two years extension of service as he was not found to be physically fit for his trade by a board of officers conducted on 31.03.2014, which is in consonance of the policy of the respondents dated 07.12.2010

7. In the light of above, this OA is dismissed. No order to costs.