Supreme Court seeks Central government response in plea to raise retirement age of IAF pilots, navigators

The Supreme Court recently issued notice to the Central government on a public interest litigation (PIL) petition seeking to increase the retirement age of Group Captains (Flying Pilots and Navigators) serving in the Indian Air Force (IAF) from 54 to 57 years [Group Captain Vikas Sareen vs Union of India]..A division bench of Justices MR Shah and BV Nagarathna, hearing a PIL filed by Group Captain Vikas Sareen, issued notice to the Ministry of Defence and asked it to respond by May 15. The petition contended that the retirement age of the Group Captains in Flying Pilots and Navigators branch serving in the IAF should be increased from 54 years to 57 years, at par with that of Group Captains of Ground Duty branch. The petition pointed out that the Armed Forces Tribunal (AFT) had already directed the Defence Ministry to consider the issue in favour of increasing the retirement age. "The AFT had ordered the ministry to decide within four months if the retirement age could be increased. It has been seven years the authorities haven't complied with the directions of the AFT," the plea said. The resultant effect has been is that every month, 5 to 6 Group Captains are retiring at the age of 54, "solely because of the inaction on the part of the Ministry of Defence" the Bench noted in its order. .The PIL petition filed through advocate Nishant Katneshwarkar pointed out that the retirement age for the Group Captain (Ground Duty) branch of the Air Force is already 57 years and thus his client Sareen, a flying pilot too should be allowed to perform duties till he attains the age of 57.The government had after the Kargil War constituted the Ajay Vikram Singh (AVS) Committee to study the ways to ensure a "young age profile" for commanding officers. Accordingly, it was decided to categorise the group captains in two categories - Time Scale (wherein an officer has completed 26 years and has been promoted to Group Captain post) and Select (an officer who is promoted as a Group Captain on the basis of merit).The petition said that both the ground duty officers (select category) as well as the flying pilots and navigators (time scale category) hold the same rank but are governed by different superannuation rules. Thus, while officers of both categories draw the same salaries, grade pay and benefits, as well as wear the same rank yet their retirement ages are different. On this basis, the AFT had in its orders already held that this categorisation was not constitutionally permissible, the plea contendedThe said order of the AFT was challenged before the top court but the Union government's plea was dismissed, it was pointed out. In his petition, Sareen pointed out that he is due to retire on July 31, 2022 and as per the rules, his retirement order has been issued by the Directorate of Air Veterans on July 12, 2021, requesting him to submit his pension papers.The petition highlighted that since the April 2017 orders of the AFT, about 500 officers have retired and the Air Force is at the receiving end because of the inaction of the Ministry towards what could have been their extended period in service."It is because of the sluggish bureaucratic machinery that wants to avoid the judgments of the AFT as well as this court," the plea argued..[Read order]