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In this case of UNION OF INDIA & ORS. Versus LT.COL. SAMEER SINGH, an appeal was filed by the state and others challenging the decision of the Delhi High Court. In this case the respondent herein was commissioned in the Indian Army in 1994. He earned various promotions and while holding the post of Lt. Colonel in the Indian Army, he was then posted in the DGQA. After completion of two years of service in the Collectorate of Quality Assurance, he fell in the zone of consideration of Permanent Secondment. His case was considered by the Quality Assurance Selection Board (QASB) held on 17.02.2016. The respondent’s case was not recommended for Permanent Secondment. On finding that his name has not been recommended, the respondent made enquiries and came to know that his case has not been recommended since in the TAR for the year 2014-15, it was found that he was ‘NOT YET FIT’ for Permanent Secondment in DGQA. In the next year, i.e. 201516, he was declared ‘NOT FIT’ in the TAR. Thereafter, he was reverted to the Indian Army. The respondent herein on being aggrieved by such decision as according to him he fulfilled all the criteria’s required for the post, filed an appeal in the High Court of Delhi. The high court after carefully scrutinizing the facts and after hearing the case, allowed the writ petition filed by the respondent and held that TAR’s should not be taken into consideration for permanent secondment in DGQA. The decision of the Delhi High Court was challenged by the state and others in the Honourable Supreme Court. The Supreme Court dismissed the appeal of the appellants herein and upheld the judgment of the Delhi High Court, of not considering TAR for the post of Permanent Secondment , futher Supreme Court held "Stay stands vacated. Pending applications, if any, shall also stand disposed of.”
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