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Bombay High CourtWP/3019/2025dismissed

Union Of India Through Ministry Of Defence v. Ex Sub Shedage Sudhir Ramchandra

2025-04-02Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

914-WP-3019-2025-(C).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3019 OF 2025 Union of India

...Petitioner

Versus

Ex. Sub Shedage Sudhir Ramchandra

...Respondent

Mr. Mainak Adhikary i/by Ms. Anamika Malhotra, Advocate for the Petitioner.

Ms. Devika Madekar i/by Mr. Satendra Kumar, Advocate for the Respondent.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 2nd APRIL, 2025 by SUNNY ANKUSHRAO THOTE Date:

2025.04.03 10:10:08 +0530 SUNNY ANKUSHRAO THOTE P.C. :- 1.

Issue notice to the Respondents, returnable on 11th June, 2025. The learned Advocate Ms. Madekar waives service of notice on behalf of the Respondent.

2.

Let the affidavit in reply be filed, on or before 8th May, 2025.

3.

This is a peculiar case. The Original Applicant has peacefully retired from service. After retirement and upon availing SUNNY THOTE

914-WP-3019-2025-(C).odt all retirement benefits, the plea is raised before the Armed Forces Tribunal in Original Application No.31 of 2023, claiming that he has suffered 44 % disability and therefore, must also receive disability pension. He superannuated on 30th April, 2021 and approached the Tribunal in 2023. In these circumstances, we direct that enforcement of the impugned Judgment shall be restrained until further orders in this matter.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE