Vijay Mohan

Tribune News Service

Chandigarh, November 22

In an effort to cut litigation and heartburn arising out of sudden changes being brought about in the existing promotion policies, the Ministry of Defence (MoD) has decided to introduce a “sufficient” time lag between issuance of the new policy and its effective date of implementation.

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According to sources, suitable instructions may be issued for fixing a minimum intervening period in consultation with service headquarters in this regard. Defence Minister Manohar Parrikar had approved some of the recommendations put forth by a committee instituted to suggest ways to reduce litigation in the armed forces and improve service conditions, sources said.

The five-member committee had in its report observed that many controversies in promotion matters have arisen due to sudden changes in time-tested policies or promulgation of amendments without giving time to the environment to absorb such changes, thereby resulting in shifting of goalposts for affected officers. This has led not only led to litigation but also in discomfort amongst some cadres and a perception that the change may have been tailor-made to help out particular individuals or a section of officers.

Citing judgments of the Supreme Court and the High Courts, the committee had observed that there would be personnel who would have worked towards their aspirations in a certain manner by taking career decisions based on a particular policy, but if the said policy is suddenly changed, then it would amount to shifting of goalposts, a situation that is not allowed as per the law.

Averring that many-a-time perceptional differences have crept into the interpretation of policies because of the services headquarters and the MoD not being on the same grid, the committee said the non-approval of certain important aspects of policy by the MoD had also led to greater litigation.

Recommending that changes in the promotion policy of all services to only be brought about after a due analysis and scientific study and after seeking inputs of the environment, the committee had suggested that all major promotion related policies or changes thereon be endorsed by both the services headquarters as well as the MoD before implementation.