Holding that an earlier certificate showing unwillingness for extension in service has no bearing on a subsequent promotion board that may increase the retirement age, the Armed Forces Tribunal (AFT) has directed the Army to promote a retired junior commissioned officer (JCO) retrospectively from the date his juniors were elevated and reinstate him in service with all consequential benefits.A Naib Subedar from the Artillery was part of the Annual Unit Promotion Board for Naib Subedar to Subedar during the year 2024, which was signed by the presiding officer on August 31, 2024 and approved by Artillery Records on September 19, 2024.The results of the board were never disclosed to the applicant and on October 31, 2024, he was discharged from service on completion of his engagement period as he had refused a two years’ extension of service in 2023.Later, in January 2025, personnel junior to him were promoted to the rank of Subedar with effect from January 27, 2025. One of them was granted ante-dated seniority from October 22, 2024.Counsel for the applicant, Gurpreet Singh averred that before the date of his superannuation, a vacancy was existing and this post could have gone to the applicant and he could have been promoted before his discharge. He could have also changed his option for extension of service.The Army contended that due to non-availability of vacancy, the applicant was not promoted and was struck of strength after completion of his terms of engagement, as per his present rank of Naib Subedar because he was unwilling for further extension of two years of service. He would have been promoted to the rank of Subedar if he had given his willingness for extension of two years of service.The Tribunal’s Chandigarh Bench comprising Justice Umesh Chandra Sharma and Air Marshal Manavendra Singh observed that the unwillingness certificate submitted by the applicant is dated February 7, 2023 and had no bearing on the promotion board conducted during August 2024.Despite meeting the promotion criterion, the applicant was neither informed about his fitness for promotion to the post of Subedar nor was he promoted before his retirement.“Denial of promotion to the rank of Subedar to the applicant cannot be justified by any logic and the applicant is liable to be promoted to the rank of Subedar with effect from 22.10.2024 along with extension of service by two years by creating a supernumerary post, if necessary,” the Bench ruled while placing reliance of earlier High Court judgements in similar matters.“We direct the respondents to promote the applicant to the rank of Subedar and grant him extension of service for two years wherein he will be deemed to have been promoted with effect from 22.10.2024 and superannuate in the rank of Subedar on 31.10.2026, if not promoted further. Consequently, the respondents are also directed to process the case of the applicant for his reinstatement in service,” the Bench said.