Kochi: The Kochi bench of the Armed Forces Tribunal on Friday quashed the order of retirement of Captain Ashok K. Nair and asked the Indian Navy to permit him to continue in service up to the age of 56 along with all consequential benefits.
He was made to superannuate at the age of 54 as per the AVS Committee recommendations.
As per the AVS Committee recommendations to reduce the age profile and super session levels, the country introduced the rank of Captain (Time Scale) for those officers who could not be promoted or selected as Captain due to competitive merit or lack of vacancies on completion of 26 years of service.
Adv Ramesh C. R., representing Ashok, submitted that officers of the rank of Captain (TS) were in the same pay scale and had all other allowances and perks as applicable to select Captains.
However, Captains (TS) were made to superannuate on at the age of 54 years whereas Select List Captains retired only on reaching the age of 56 years.
The tribunal comprising Judicial member Justice S. S. Satheesachandran and Vice-Admiral M. P. Muraleedharan observed, “No discrimination can be made in the retirement age between Captain (Select) and Captain (TS). Therefore, the retiring of the petitioner at the age of 54 is legally infirm.”
