IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. OF 2025 (@ Diary No. 37429/2022)

UNION OF INDIA & ORS. $APPELLANT(S)$ $\ldots \ldots$ VERSUS

CAPTAIN M. GOPALAN NAIR (RETD.) & $\ldots$ RESPONDENT(S) ORS.

with

M.A. Nos. 2752-2753/2023 in C.A. Nos. 9103-9104/2022

ORDER

Civil Appeals @ Diary No. 37429/2022

Delay condoned.

Leave to appeal is granted.

have gone through the additional affidavit dated $\mathsf{We}$ 23.11.2024 which states that the Government, on 13.09.2024, decided not to accept the recommendation made by the One Man Judicial Commission. The relevant papers have been placed on record.

In view of the aforesaid position, the present appeals preferred by the Union of India have become infructuous and are disposed of as such.

Signatyre Not Verified It will be open to the respondents to take recourse to propriate remedies in accordance with law, if they are aggrieved by the decision taken by the Government of India.

CAs @ D.No. 37429/2022 etc. $\mathbf{1}$

Pending application(s), if any, shall stand disposed of.

M.A. Nos. 2752-2753/2023 in C.A. Nos. 9103-9104/2022

In view of the order passed today in the connected matter, that is, Civil Appeals @ Diary No. 37429/2022, these miscellaneous applications will be treated as disposed of.

..................CJI. (SANJIV KHANNA)

..................J. (SANJAY KUMAR)

..................J. (K.V. VISWANATHAN)

NEW DELHI; JANUARY 07, 2025.

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

CIVIL APPEAL Diary No. 37429/2022

[Arising out of impugned final judgment and order dated 07-12-2021 in OA No. 245/2016 and order dated 04-07-2022 in M.A. No. 330 and 331 of 2022 in O.A. No. 245/2016 passed by the Armed Forces Tribunal, Regional Bench, Kochi]

UNION OF INDIA & ORS. Petitioner(s)

VERSUS

CAPTAIN M. GOPALAN NAIR (RETD.) & ORS. Respondent(s)

(IA No.110182/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.110181/2023-EX-PARTE STAY and IA No.110179/2023- CONDONATION OF DELAY IN FILING APPEAL and IA No.110180/2023- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.110178/2023-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007)

WITH

MA 2752-2753/2023 in C.A. No. 9103-9104/2022 (XVII) (IA No. 267569/2023 - APPROPRIATE ORDERS/DIRECTIONS)

Date : 07-01-2025 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s)

Mrs. Aishwarya Bhati, A.S.G. Mr. R. Balasubramanian, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. K. Parmeshwar, Adv. Mr. Navanjay Mahapatra, Adv. Ms. Sweksha, Adv. Ms. Shivika Mehra, Adv. Ms. Aarushi Singh, Adv. Mr. Mohan Rao, Sr. Adv. Mr. Col. Dalal, Adv. Mr. Alok Gupta, AOR For Respondent(s) Mr. Mukesh Kumar Maroria, AOR

ITEM NO.12 COURT NO.1 SECTION XVII

Mr. Akshay Bhandari, AOR Col. Mukul Dev, Adv.

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

Civil Appeals @ Diary No. 37429/2022

Delay condoned.

Leave to appeal is granted.

The appeals are disposed of as infructuous, in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

M.A. Nos. 2752-2753/2023 in C.A. Nos. 9103-9104/2022

In view of the order passed today in the connected matter, that is, Civil Appeals @ Diary No. 37429/2022, these miscellaneous applications will be treated as disposed of, in terms of the signed order.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)