Summary
The Court held that Technical Assessment Reports could not be used as an independent criterion for permanent secondment of officers governed by the DGQA office memorandum of 12 May 2011. That memorandum specified the applicable criteria and expressly superseded earlier instructions, including the 2004 policy relying on TARs. A later letter stressing TARs’ importance did not amend the governing criteria. TARs could inform ACR grading, which the memorandum separately required.
Issues
- Whether TAR fitness assessments remained an independent permanent-secondment criterion after the 2011 memorandum superseded earlier instructions.
Held
- The 2011 memorandum governed service officers inducted on tenure after its issue. Its express supersession clause included the earlier 2004 policy, with no exception preserving TAR as an additional criterion. Both were approved executive instructions. (¶¶ 7, 10, 11)
- The authorities could have amended the criteria to include TARs, as they had amended another condition, but did not do so. Continued practice could not supply that omission. (¶¶ 8, 10, 11, 12)
- The 2014 letter emphasising TARs did not alter the clear 2011 criteria. TAR material could be considered for ACR grading, but could not independently disqualify the officer under the governing memorandum. (¶ 13)
Result
Union’s appeal dismissed; Delhi High Court judgment upheld. Stay vacated and pending applications disposed of.