Lt. Col. Garima Maheshwari v. UOI & Ors

A.K. SIKRI, J. January 14, 2008

J.M. MALIK, J. dc

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 14th January, 2008 + WP(C) No.155/2008 and CM No. 307/2008 Lt. Col. Garima Maheshwari .... Petitioner Versus 1. Union of India 2. Chief of Army Staff 3. Director General of Medical Services ... Respondents Advocates who appeared in this case : For the petitioner : Col. N.L.Bareja with Mr.Mohan Kumar, Advocates For the respondents : Ms.Barkha Babbar, Advocate CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE J.M. MALIK 1.Whether the Reporters of local papers may be allowed to see the judgment? 2.To be referred to Reporter or not? 3.Whether the judgment should be reported in the Digest? A.K.Sikri, J. (Oral) * 1. The petitioner, who was recruited as a Short Service Medical Officer in Army Medical Corps (AMC) is seeking extension of her tenure by another four years on the strength of the decision taken by the Ministry of Defence and communicated to the Chief of Army Staff vide letter dated 2nd November, 2007. As per this communication, in partial modification of the provisions contained in Army Instructions 75/78, Army Instructions 15/79 and Army Instructions 17/96, the total period of service of certain officers is extended from 10 to 14 years. List includes AMC from Civil as well. As per the amended provision the person is to be appointed initially for a period of five years and extension for another period of five years can be given thereafter on the completion of five years and second extension of four years can also be granted. Before we consider this prayer of the petitioner as to whether the petitioner is entitled to the benefit of the aforesaid amended provision or not, it would be appropriate to scan through the service carrier of the petitioner as a 'Short Service Commissioned Officer'. 2. The petitioner was initially commissioned as Short Service Commissioned Officer in AMC on 17th August, 1983. After serving for ten years and twenty eight days, she was released on 14th September, 1993. She was again allowed to join in the same capacity with effect from 4th September, 1997 vide letter dated 17th January, 2003. This tenure was extended by another five years which is coming to an end on 17th January, 2008. The petitioner was served with release order dated 21st August, 2007 as per which she would be released on 17th January, 2008. In the meantime, the aforesaid amendment in the instructions has been brought into force vide policy instructions dated 2nd November, 2007. 3. The respondents do not dispute that after the aforesaid amendment in the policy instructions, the officer who is commissioned as Short Service Commissioned Officer can now be given extension after ten years of service, for another four years. However, in the case of the petitioner it is denied on the ground that the petitioner has served for more than twenty years, namely, ten years and twenty eight days from 17th August, 1983 to 14th September, 1993 and she has again completed ten years of service after joining in the same position second time and therefore, she cannot be given the benefit. The respondents have produced the records as per which the case of the petitioner along with certain other officers was taken up for extension of tenure of Short Service Commissioned Officers and in terms of revised instructions dated 2nd November, 2007. This exercise was done on 13th December, 2007 and as per the minutes recorded various officers have been given the extension, however, two officers, namely, the petitioner and one Shri Ashok Kumar Jha were not given the extension on the ground that it was there second tenure and they have already put in total service of twenty years under two spells. 4. The Army Instructions Nos. 75-81 dated 4th November, 1978 deal with the terms and conditions of service for officers granted short service grades in the AMC. Para 4 stipulates the length of such a Commission and further extensions. The same read as under: "LENGTH OF COMMISSION AND FURTHER EXTENSION