Union Of India Through Ministry Of Defence v. Mritunjay Kumar

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2025.02.06 14:28:41 +0300 H. C. Shiv 26.w14035.24.odt HEMANT CHANDERSEN SHIV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14035 OF 2024 Union of India (Ministry of Defence) .. Petitioner versus Mritunjay Kumar and Others .. Respondents Mr. Mishra Amarendra for the Petitioner.

Mr. Ranjeet Kumar Singh with Namrata Singh for Respondent Nos.2 to 4. CORAM : RAVINDRA V. GHUGE AND SHYAM C. CHANDAK, JJ.

DATE : 3rd FEBRUARY, 2025 P. C. :

1.

Four Respondents have filed their affidavit in reply along with the documents. The learned Advocate for the Petitioner has received a copy of the reply today. He desires to file a rejoinder affidavit. Let such rejoinder affidavit be filed on or before 18th February, 2025. 2.

The ad-interim order passed earlier, adjourning the execution proceedings, would continue.

3.

It is contended that the Respondents, who are in employment by virtue of the impugned Judgment and Order of the Armed Forces Tribunal, 1/2

H. C. Shiv 26.w14035.24.odt are not paid their salaries since March, 2024. The said salaries at the pay scale which they were last drawing of Havildhar inclusive of allowances, shall be paid to them within a period of 30 days from today and the monthly salaries would be paid until further orders in this Petition. This is without prejudice to their rights in this pending proceedings. Nevertheless, in the event of this Court allowing this Petition and interfering with the impugned judgment, the salary paid for the work performed, would not be recovered from them.

4.

List this Petition on 3rd March, 2025 in the 'Urgent admissions' category. To be called out after the fresh admissions. (SHYAM C. CHANDAK,J.) (RAVINDRA V. GHUGE, J.) 2/2