Union Of India And Others v. Ex Nk Kewal Krishan And Another

CWP-20389 9-2024 (O&M) HE HIGH COURT OF PUNJA AB AND HARYANA IN TH AT CHANDIGAR RH CWPDate o -20389-2024 (O&M) of Decision: 28.08.2024 Union of Ind dia and Ors.

Versus

wal Krishan, No.2477168M, & A

...Petitioners

Ex. NK Kew

CORAM:

Present:- nr.

...Respondents

HON'BLE MR. JUSTICE SUD HON'BLE MR. JUSTICE KA DHIR SINGH ARAMJIT SINGH Mr. Amit Arora, Advocate for p NGH, J.

petitioners.

SUDHIR SIN Challenge in the present writ pe tition is to the order dated 10.10.2022 ( (Annexure P-1) passed by the Armed Forces Tribunal, Regional Be nch Chandigarh at Chandimand dir (for short `the AFT'), whereby the petitioners (Respondents befor re the learned AFT) have been directed d to decide the case of respond dent No.1 in terms of the judgment pa ssed by the Larger Bench of th he AFT, Principal Bench, New Delhi in n O.A. No.1238 of 2016 titled as Smt. Shama Kaur Vs.

Union of Ind dia & Ors. decided on 01.10.2019 9.

2.

Learned counsel for the petition ner contends that the order dated 10.10.

.2022 passed by the AFT, is contrary to the existing policies and, therefore, the same is liable to b be set aside.

HIMANSHU 2024.09.03 11:47 I attest to the accuracy and authenticity of this order/judgment.

CWP-20389-2024 (O&M) 3.

A perusal of the impugned order would show that the same was passed on the basis of the consent of the parties. The relevant part of the impugned order reads as under:- "Learned counsel on both sides have agreed that this matter is covered by the judgment of the Larger Bench of Armed Forces Tribunal, Principal Bench, New Delhi in O.A. No. 1238 of 2016 titled as Smt. Shama Kaur Vs. Union of India & Ors. decided on 01.10.2019. Therefore, the respondents are directed to decide the case in terms of the aforesaid judgment of the Larger Bench within a period of four months from the date of receipt of certified copy of this order by the learned counsel for the respondents/ OIC Legal Cell, failing which the same shall carry an interest @ 8% from the date of this order will realization." 4.

Indisputably, the aforesaid order is a consented order. The order passed in Shama Kaur's case (supra), relied upon by the learned AFT while deciding the Original Application filed by respondent No.1, has attained finality as no writ petition or appeal has been filed against the said order. Nothing contrary could be shown or referred to by the learned counsel for the petitioners. 5.

In view of the above, we do not find any ground to interfere with the order passed by the learned AFT. Hence, the present writ petition is dismissed.

[ SUDHIR SINGH ] JUDGE [ KARAMJIT SINGH] 28.08.2024 JUDGE Himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2024.09.03 11:47 I attest to the accuracy and authenticity of this order/judgment.