Union Of India Secretary To The Government Of India Ministry Of Defence vs. No. 1082926y Dfr(Retd. ) Rajpal Armed Forces Tribunal

ITEM NO.46 COURT NO.2 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal D. No(s). 6249/2017

UNION OF INDIA & ORS. Appellant(s)

VERSUS

EX HAV UMESH PRASAD & ANR. Respondent(s)

Date : 21-07-2017 These matters were called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
• For Appellant(s) Mr. Kiran Suri, Sr. Adv. Mr. Gaurav Sharma, Adv. Mr. Gautam Sharma, Adv. Mukesh Kumar Maroria, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Ms. Kiran Suri, learned senior counsel appearing for the Union of India submits that the Armed Forces Tribunal has, while allowing Original Application No.678 of 2014 filed by the respondents, relied upon the decision of the High Court of Punjab and Haryana at Chandigarh in Jai Narayan Jakhar vs. Union of India & Anr. rendered in CWP No.15400 of 2006 dated 14.01.2008 and the dismissal of the special leave petition filed in this Court against the said decision. She submits that the present case does not involve the question of admissibility of revised pay scales. The present case, according to her, involves question whether the Modified Assured Career Progression Scheme would apply retrospectively on which question this Court has not so far delivered any judgment.

Issue notice on the application for condonation of delay

as also on the leave to appeal.

Pending further orders the contempt proceedings, if any, initiated against the officers of the petitioners by the Tribunal shall remain stayed.

Tag with Civil Appeal Diary No. 3744 of 2016.

(Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master