AFT directs Army to formulate separate promotion policy for ‘Minor Corps’

Vijay Mohan

Tribune News Service

Chandigarh, July 12 

The Armed Forces Tribunal (AFT) has directed the Army to formulate and promulgate a separate policy for the officer management of ‘Minor Corps’ keeping in view their peculiarities, unique requirements and contingencies.

While upholding the seniority concept and policy of calculating vacancies being currently implemented by the Army for all arms and services, the AFT’s opined there was a need for complete clarity in understanding the concept of functional requirement, scheduling selection boards, designating reckonable period for calculating vacancies and method of calculating vacancies for Minor Corps.

The AFT’s bench comprising Justice Rajendra Menon and Lt Gen PM Hariz, has directed that the new policy letter, duly approved by the competent authority be promulgated within six months and a completion report be filed in this regard.

‘Minor Corps’ are those services where the strength of officers and other ranks is very low as compared to other arms and services like the Infantry, Artillery, Engineers, Ordnance, Army Service Corps and Army Medical Corps. The Judge Advocate General’s Department (JAG), Pioneers, Corps of Military Police, General Service, etc., are considered as Minor Corps.

Three JAG officers, Col Leena Gurav, Col VS Gaur and Col Mukul Dev had moved the AFT, averring infirmities in the process of fixing vacancies as well as the proceedings of the selection board for promotion from Colonel to Brigadier. Consequently, the results of No.2 Selection Board were stayed by the AFT in January 2020. The stay has now been vacated. 

Normally, the selection board is held for all arms and services together, based on a schedule promulgated in advance. The policy on calculation of vacancies for selection boards is based on pro rata vacancy system taking into account the batch strength. Vacancies are calculated for a period of one year.

During the course of arguments, it was brought out that the concept of Minor Corps is not defined and that the concept of “functional requirement” utilised in the context of Minor Corps was vague and lacked clarity. Sometimes, whilst the vacancies have been approved and promulgated, the conduct of the board is deferred for various reasons.

Also, unlike the major arms and services, which have large cadre strength and a fresh batch each year, the Minor Corps have small cadre strength and often do not have a fresh batch every year. As a result, the method of assigning pro rata vacancy based on the “rolling block method‟ of three years cannot be implemented in their case.

Thus, in the case of Minor Corps, vacancies only arise from retirement or chain promotions and are limited in number. This was even observed by the Supreme Court in its judgements.