Union of India v. Col. G.S. Grewal
Background
This order sends the case back; it does not decide the dispute. An Army officer permanently seconded to the defence quality-assurance organisation challenged a policy restricting his further promotions. The Armed Forces Tribunal partly upheld his claim despite another coordinate bench's decision denying jurisdiction over comparable disputes. The Union appealed both the tribunal's jurisdiction and its conclusion about accrued promotion rights.
Decision Breakdown
This is not a final decision on the dispute. The Court allowed the appeal, set aside the order and remitted the application to a larger tribunal bench. A coordinate bench disagreeing with an existing ruling needed a larger-bench reference rather than simply ignoring it. Jurisdiction required examination of the particular service dispute and governing policies; the officer's continuing subjection to the Army Act alone did not settle it. If jurisdiction existed, the tribunal also needed to identify any actual accrued right and assess whether differential treatment was discriminatory. Existing promotions had not been withdrawn, and future promotion chances were not themselves vested rights; the merits remained for reconsideration.
Lesson Learnt
An officer's status alone does not determine the correct tribunal for every employment dispute. A remand for jurisdiction and merits review gives the parties a fresh hearing without finally granting a right to further promotion.