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High Court of DelhiW.P.(C)/16595/2024

Ex Sub Maj Rajesh Kumar Yadav v. Union Of India And ORS

2024-12-02Hon'Ble Mr. Justice Navin Chawla,Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~72 * 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 CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E 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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:01:13

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/rv Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:01:13