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"(a) "Officers who are finally superseded could be considered for permanent secondment but they would not be promoted in the DGQA consequent upon their permanent secondment since they are finally superseded in their parent arm/service.

(b) Officer should have a minimum of 5 years service in the DGQA Organisation and offered by M.S Branch before consideration, for permanent secondment.

(c) While on tenure in DGQA, Box Grading and grading in personnel attributes in all ACRs should not be less than 7 and grading in respect of Integrity should not be less than 8."

empanelled (superseded) will not be considered for grant of permanent secondment in DGQA.

(b.) Non-empanelled Officers (Lt Cols) who have been granted permanent secondment in the DGQA in the past will be granted only one promotion to the next higher rank of Col (TS) on completion of 26 years of service. However, such officers in DGQA can retire, as per norms applicable to Permanent Secondment Service Officers in DGQA. An option will be given to such officers, if so desirous, for reversion to the Army for their W.P.(C) 7500/15, 8458/15, 9242/15, 9360/15 & 9439/15 Page 7 further management. This clause will also be applicable to those non-empanelled officers who have been granted the rank of Colonel in DGQA.

20. The DGQA also took a similar action to grant only one promotion to such officers the order for which came into force through GOI/MOD OM dated 23.04.2010. The last Office Memorandum dated 23.04.2010 states that non-empanelled officers granted permanent secondment in DGQA would be granted only one promotion to the next rank of Col(TS). In effect, W.P.(C) 7500/15, 8458/15, 9242/15, 9360/15 & 9439/15 Page 19 qualitatively this restored the barrier which had hitherto existed since 13.05.1998. The net result of this discussion is that for the period between 16.11.2007 and 23.04.2010, finally superseded officers not only could but were permanently seconded to the DGQA; there was also no barrier to their promotion either to the rank of Col (TS) or any higher rank. The petitioner in W.P.(C) 7500/2015 has given several instances of individuals promoted not only to the rank of Colonel but even to the rank of Brigadier. Refer Ground I - the respondents have not denied this.

36. In view of the foregoing reasons, in respect of the first sentence of the clause (b) of impugned memorandum of 23.04.2010 to the extent it is in operation in respect of permanently seconded officers in DGQA who were finally superseded, (that "Non-empanelled Officers (Lt Cols) who. have been granted permanent secondment in the DGQA in the past will be granted W.P.(C) 7500/15, 8458/15, 9242/15, 9360/15 & 9439/15 Page 31 only one promotion to the next higher rank of Col (TS) on completion of 26 years service..") the doctrine of severability is hereby applied. Consequently the said part of the impugned memorandum dated 23.04.2010 is hereby declared void and inoperative. The respondents are, consequently, directed to take action and set up review QASB in respect of the petitioners in these cases, to appraise and consider their cases for promotion on all those dates they would otherwise have been eligible for consideration for promotion(s) to higher posts or grades. The exercise shall be completed within three months and the results made known to the petitioners on or before the end of that period.