Mathew Joseph vs. Giridhar Aramane
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Order Issued After Hearing
Purpose:
Not Reached / Adjourned
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Dipankar Datta
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Not taken up/ Not Today [let it remain on board], List On (Date) [12-03-2024]
Listed On:
3 May 2024
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
171589/2023,
Original Order Copy
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Order Text
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 passed by the Armed Forces Tribunal, Regional Bench, Kochi)
UNION OF INDIA & ORS. Appellant(s)
VERSUS
RC 128 L 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)
Date : 30-07-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R. MAHADEVAN
| For Appellant(s) | Mrs. Aishwarya Bhati, A.S.G. | |
|---|---|---|
| Mr. R Bala, Sr. Adv.(N/P) | ||
| Mr. Mukesh Kumar Maroria, AOR | ||
| Mr. K Parmeshwar, Adv. | ||
| Mr. Navanjay Mahapatra, Adv. | ||
| Ms. Sweksha, Adv. | ||
| Ms. Shivika Mehra, Adv. | ||
| Ms. Aarushi Singh, Adv. |
For Respondent(s)
Signature Not Verified
UPON hearing the counsel, the Court made the following O R D E R
Learned Additional Solicitor General appearing for the appellants again prays for time, as no decision has been taken with regard to the pension payable to the regular Captains on Digitally signed by babita pandey Date: 2024.08.09 10:12:34 IST Reason:
implementation of One Rank One Pension scheme. As recorded in the order dated 23.07.2024, the impugned judgment passed by the Armed Forces Tribunal, Regional Bench, Kochi, is dated 07.12.2021.
Accordingly, we impose a cost of ₹2,00,000/- (Rupees two lakh only) on the appellants. The said cost will be deposited within a period of four weeks to the Armed Forces Flag Day Fund.
As prayed, we grant time till 14.11.2024 for the decision to be taken on anomalies/issues, which arises in the case of regular Captains. In case, the decision is not taken on or before the next date of hearing, appropriate interim orders with regard to enhancement of the pension, payable to the regular Captains may be passed in terms of our order dated 23.07.2024.
Re-list in the week commencing 25.11.2024.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.2 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 Diary No. 37429/2022
(Arising out of impugned final judgment and order dated 07-12-2021 in OA No. 245/2016 passed by the Armed Forces Tribunal, Regional Bench, Kochi)
UNION OF INDIA & ORS. Appellant(s)
VERSUS
RC 128 L 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)
Date : 30-07-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R. MAHADEVAN
| For Appellant(s) | Mrs. Aishwarya Bhati, A.S.G. | |
|---|---|---|
| Mr. R Bala, Sr. Adv.(N/P) | ||
| Mr. Mukesh Kumar Maroria, AOR | ||
| Mr. K Parmeshwar, Adv. | ||
| Mr. Navanjay Mahapatra, Adv. | ||
| Ms. Sweksha, Adv. | ||
| Ms. Shivika Mehra, Adv. | ||
| Ms. Aarushi Singh, Adv. |
For Respondent(s)
UPON hearing the counsel, the Court made the following O R D E R
Learned Additional Solicitor General appearing for the appellants again prays for time, as no decision has been taken with regard to the pension payable to the regular Captains on implementation of One Rank One Pension scheme. As recorded in the order dated 23.07.2024, the impugned judgment passed by the Armed Forces Tribunal, Regional Bench, Kochi, is dated 07.12.2024.
Accordingly, we impose a cost of ₹2,00,000/- (Rupees two lakh only) on the appellants. The said cost will be deposited within a period of four weeks to the Armed Forces Flag Day Fund.
As prayed, we grant time till 14.11.2024 for the decision to be taken on anomalies/issues, which arises in the case of regular Captains. In case, the decision is not taken on or before the next date of hearing, appropriate interim orders with regard to enhancement of the pension, payable to the regular Captains may be passed in terms of our order dated 23.07.2024.
Re-list in the week commencing 25.11.2024.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR