Explore the intricate legal framework surrounding medical fitness and promotion in the military, as analyzed by the court. The case sheds light on the considerations and requirements for promotion in relation to an officer’s medical condition. Stay tuned for a closer look at the legal aspects of this significant decision.
Facts
- The respondent, an officer of the 1989 Batch, is serving as a Brigadier in the Judge Advocate General (JAG) branch of the Military.
- The Chief of Defence Staff had all information about the respondent, including his high score of 94.482 marks.
- The No.1 Selection Board recommended the respondent for promotion to the rank of Major General, corresponding to the post of Additional Judge Advocate General.
- After the approval for promotion, the respondent is entitled to all consequential benefits from the date of declassification of the No.1 Selection Board’s result on 05.05.2021.
- The Armed Forces Tribunal allowed the respondent’s plea for promotion to the post of Additional Major General (Litigation) in a decision on 07.01.2022.
- The respondent, classified as SHAPE-2 COPE-2, had been performing duties of Deputy JAG despite this classification.
- The Chief of Defence Staff cleared the respondent for promotion considering all aspects, including the medical condition.
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Arguments
- The appellant argues that all staff selections and promotions in the Indian Army follow a prescribed procedure under the Rules and are subject to meeting medical criteria.
- The respondent claims that despite being recommended for promotion by the No.1 Selection Board and having his medical category upgraded to SHAPE-I by a Re-Medical Board, he was not promoted.
- The respondent’s medical condition was hypertension, and he was initially categorized as P2(P) with COPE coding C201P1El, making him non-promotable as per policy.
- A Re-Medical Board approved upgrading his medical category to SHAPE-I after his blood pressure was within permissible parameters, but the appellant contends that he falsely claimed to not be on medication, which is required for promotion.
- Promotion in the Indian Army is subject to meeting medical fitness regardless of the Branch in which the individual will serve, as per policy.
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Analysis
- The Medical Board detected hypertension in the serving officer during AME and recommended ‘Telmisartan 40 mg’ tablet.
- The respondent filed an appeal and requested a waiver due to awareness of his disability.
- The respondent later requested re-examination of his medical category for possible upgrade.
- The Medical Board classified the officer as SHAPE-2 due to hypertension.
- The AFT noted that the No.1 Selection Board recommended promotion with full awareness of the officer’s medical condition.
- The Chief of Defence Staff approved the recommendation despite the medical status.
- The officer’s medical condition improved, with no medication for hypertension for a year.
- The AFT considered all aspects and directed promotion based on the improved medical condition.
- Guidelines state officers in certain medical categories are eligible for promotion.
- The No.1 Selection Board took employability factors into account before recommending the officer for promotion.
- The officer’s job would largely involve HQ duties, making the hypertension-related high-altitude restriction less significant.
- The AFT considered the thorough consideration given by the selection authorities before recommending promotion.
- The Medical Board must assess if the officer can perform active service duties of the rank to which he is being promoted in his current medical category.
- Any existing defect, disability, or disease should not worsen due to service conditions as long as the officer is assigned duties appropriate for his medical category and within the restrictions set by the Board.
- Improvement in the health condition of the respondent noted.
- The respondent is opined to be in SHAPE-1 by the Medical Board.
- The medical condition was considered by the No.1 Selection Board and all competent authorities in relation to employability.
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Decision
- The order passed by the AFT will be implemented without interference
- The appeal is dismissed for being devoid of merit
- No costs are imposed for the dismissal of the appeal
- All pending applications, if any, are disposed of
Case Title: UNION OF INDIA Vs. BRIGADIER JAVED IQBAL (2022 INSC 580)
Case Number: C.A. No.-002560 / 2022
