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Supreme Court of India 2019-10-03 dismissed

Air Commodore Naveen Jain vs Union of India & Ors

Bench: 2 — Hemant Gupta

In Brief

An Air Force officer challenged a promotion policy under which he ranked first on merit but third in seniority, resulting in his non-promotion before superannuation. The Supreme Court upheld the policy as a valid 'seniority-cum-merit' system that first screens candidates on merit and eligibility, then promotes in order of seniority. The Court held the policy is not discriminatory under Articles 14 and 16. It also ruled that the officer was estopped from challenging the policy after voluntarily participating in the selection process. The appeal was dismissed.

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Armed Forces Law Constitutional Law Administrative Law Service Law Promotion Policy Articles 14 and 16 Merit-cum-Seniority Estoppel

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