W.P.(C)/16530/2024 of EX SUB BAIKUNTHA BARIK Vs UNION OF INDIA AND ORS
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- > picture [34 x 34] intentionally omitted <== (PETITIONER)
- UNION OF INDIA AND ORS (RESPONDENT)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 16530/2024EX SUB BAIKUNTHA BARIK.....PetitionerThrough:Mr. Ajit Kakkar, Mr. MohitKumar & Ms. Alpana Yadav,Advs.
versus
UNION OF INDIA AND ORS.....RespondentsThrough:Mr.Neeraj,SPCwithMr.VedanshAnand&Mr.SoumyadipChakraborty,Advs.Maj. Anish Muralidhar.
CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAHON'BLE MS. JUSTICE SHALINDER KAURO R R29.11.2024
1.The learned counsel for the petitioner submits that though thepetitioner physically assumed the appointment to the promotional postof Naib Subedar on 19.10.2008, the seniority was given effect from01.10.2008. He submits that therefore, the learned Tribunal has failedto appreciate that the petitioner would also be entitled to the benefit ofthe Sixth Central Pay Commission as also the most beneficial option.
2.From the Impugned Order dated 31.10.2023, we find that thisplea does not appear to have been taken before the learned ArmedForces Tribunal (AFT).
3.At this stage, the learned counsel for the petitioner prays forleave to move an application seeking review of the Impugned Orderdated 31.10.2023 passed by the learned AFT.
4.We dispose of this petition by granting such liberty to thepetitioner and in case he is aggrieved of the decision of the learnedAFT on the review petition, if any filed by the petitioner, it shall beopen to him to challenge the same on all pleas including the oneswhich have been taken in the present petition.
NAVIN CHAWLA, J
SHALINDER KAUR, J
NOVEMBER 29, 2024/ab/B/VSClick here to check corrigendum, if any