Union Of India vs. Col Ravinder Singh Johal (Retd. )

ITEM NO.11

COURT NO.5 $\mathbf{5}$

SECTION XVII

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 29509/2022

(Arising out of impugned final judgment and order dated 22-10-2021 in OA No. 296/2020 passed by the Armed Forces Tribunal)

UNION OF INDIA & ORS.

Petitioner(s)

Respondent $(s)$

VERSUS

IC 39275 K COL. SURESH PRATAP SINGH

( IA No.164245/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.164243/2022-STAY APPLICATION and IA No.164242/2022-CONDONATION OF DELAY IN FILING APPEAL and IA No.164241/2022-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007)

Date: 27-01-2023 This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s) Mr. Madhavi Divan, A.S.G. Mrs. Priyanka, Adv. Mrs. Nidhi Khanna, Adv. Mr. Ishaan Sharma, Adv. Mr. Anukalp Jain, Adv. Mr. Arvind Kumar Sharma, AOR

For Respondent(s)

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

Delay condoned.

Learned counsel for the appellants submits that once the icer has completed his full term of service and even the term of re-employment, any disability attributable or aggravated $\mathbf{b}$ v military service, is not entitled for disability pension in terms

of Para 72 (iii) (Page-468) and this has not been appreciated by the Tribunal under order impugned.

Issue notice, returnable in four weeks.

Dasti, in addition, is permitted.

List the matter immediately upon completion of service.

(VIRENDER SINGH) (ASHWANI KUMAR) BRANCH OFFICER ASTT. REGISTRAR-cum-PS