2024 INSC 942
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 1943 of 2022
LT. COL. SUPRITA CHANDEL APPELLANT(s)
VERSUS
UNION OF INDIA AND ORS. RESPONDENT(s)
J U D G M E N T
K.V. Viswanathan, J.
1. This appeal challenges the order of the Armed Forces
Tribunal (AFT) Regional Bench, Lucknow dated 05.01.2022 in
Original Application No. 241 of 2021. By the said order, the AFT
dismissed the application of the appellant and declined her prayer
for reliefs similar to the ones granted by the judgment dated
22.01.2014 of the AFT Principal Bench in O.A. No. 111 of 2013
and batch, to the applicants therein. The appellant claims that those
applicants were identically situated with her.
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2. The appellant on 10.03.2008 was commissioned as a Short
Service Commissioned Officer in the Army Dental Corps (AD
Corps). She was at that time 27 years 11 months and 28 days of age.
The regulation, as it then stood, entitled her to three chances for
taking up the departmental examination for permanent commission.
It also provided extension of age limit. The relevant clauses,
namely, Para 12 of Army Instruction 15 of 79 and Para 4(a) and
4(b) of AI 37 of 78 read as under:
“…Officers granted Short Service Commission will
be given three chances for taking up the departmental examination for permanent commission. Two
chances will be g...