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In order to understand the nature of challenge laid to the jurisdiction of the Tribunal and the direction given while partly allowing the OA of the respondent, it would be necessary to understand the nature of relief which was sought by the respondent in the said OA as well as the background facts in which the OA seeking such a relief was filed.

The respondent joined the Indian Army as a Major. Indubitably, in that capacity he was subject to the discipline of the Army Act, 1950. It is a normal practice that the personnel belonging to the Armed Forces, namely, Army, Air Force or Naval Force, are Seconded to the other offices under the Ministry of Defence, which include Department of Defence Production, Department of Defence Research and Development and Department of Ex- Servicemen Welfare. We are concerned here with Department of Defence Production, which has Director General of Quality Assurances (DGQA for short) as well as Defence Public Sector Undertaking (DPSU). The respondent was Seconded to DGQA on November 06, 2004 in the rank of Major. At that time, it was temporary Secondment.

While things stood thus and the respondent had been working in the capacity of Colonel on permanent Secondment to DGQA, Ministry of Defence, Department of Department Production, issued Order dated April 23, 2010. It is this Order which is the bone of contention and was the subject matter of challenge before the Tribunal. In this Order, it was stated that since SMB had been discontinued by the Army since 2006, the effect thereof was the restoration of earlier Policy of 1993 which contained bar for permanent Secondment in respect of those officers who had incurred disqualification because of their final supersession. In essence, it was conveyed that those who were permanently seconded even after discontinuation of SMB in the year 2006 in DGQA, it was a wrong move. However, at the same time, in respect of those officers where it had already been done, it was decided that the same will not be withdrawn. Likewise, further promotions which were given were also not required to be withdrawn. However, it was decided that no further promotions would be given to such officers. This was so stated in the Order dated April 23, 2010 in the following terms:

The appellants' refutation to the aforesaid plea of the respondent was not only on merits but contest was also laid to the jurisdiction of the Tribunal to entertain the OA with such a relief. It was argued that the Tribunal had no jurisdiction to entertain the said OA as the impugned order dated April 23, 2010 was passed by the Department of Defence Production, Ministry of Defence and the Tribunal could not deal with the validity of such orders, which was outside its scope. The appellants had also referred to the judgment passed by the Principal Bench of the Tribunal in Major General S.B. Akali etc. etc. v. Union of India & Ors. (TA Nos. 125 and 221 of 2010, decided on April 09, 2010), where similar OA, albeit by an officer who was Seconded to DRDO, had been dismissed for want of jurisdiction.