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W.P.(C)/16595/2024 of EX SUB MAJ RAJESH KUMAR YADAV Vs UNION OF INDIA AND ORS

Court
Delhi High Court
Decision date
2024-12-02
Case number
16595/2024

Parties

Cites (1)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 16595/2024 EX SUB MAJ RAJESH KUMAR YADAV

.....Petitioner

Through: Mr.Mohit Kumar & Mr.Aman Kumar, Advs.

versus

UNION OF INDIA AND ORS

.....Respondents

Through: Mr.Balendu Shekhar, CGSC with Mr.Raj Kumar GP & Mr.Krishna Chaitanya, Adv. Major Anish Muralidhar, Army.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAHON'BLE MS. JUSTICE SHALINDER KAURO R R

02.12.2024

1.The learned counsel for the petitioner submits that though the petitioner physically assumed the appointment to the promotional post of Naib Subedar on 11.11.2008, the seniority was given effect from 11.11.2008. He submits that therefore, the learned Tribunal has failed to appreciate that the petitioner would also be entitled to the benefit of the Sixth Central Pay Commission as also the most beneficial option.

2.From the Impugned Order dated 13.05.2024, we find that this plea does not appear to have been taken before the learned Armed Forces Tribunal (AFT).

3.At this stage, the learned counsel for the petitioner prays for leave to move an application seeking review of the Impugned Order dated 13.05.2024 passed by the learned AFT.

4.We dispose of this petition by granting such liberty to the petitioner and in case the petitioner is aggrieved of the decision of the learned AFT on the review petition, if any filed by the petitioner, it shall be open to the petitioner to challenge the same on all pleas including the ones which have been taken in the present petition.

NAVIN CHAWLA, J

SHALINDER KAUR, J

DECEMBER 2, 2024/rvClick here to check corrigendum, if any