Delhi High Court
Col Mukul Dev vs Union Of India & Ors. on 29 September, 2020
$~VC-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29th September, 2020
+ W.P. (C) 7194/2020
COL MUKUL DEV .....Petitioner
Through: In person.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Harish Vaidyanathan Shankar,
Advocate
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
%
[VIA VIDEO CONFERENCING]
RAJIV SAHAI ENDLAW, J.
C.M. Appln. No.24316/2020 (Exemption from filing certified
copy)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P. (C) 7194/2020, C.M. Appln. No.24317/2020 (of petitioner
for grant of stay order)
3. The petitioner, a colonel in the JAG Branch of the Indian
Army, has filed this petition impugning the order dated 21st
September 2020, of the Armed Forces Tribunal (AFT), Principal
Bench, in O.A. No.2410/2020, declining interim relief sought by
the petitioner of stay of superannuation of the petitioner from the
post of Colonel, due on 30th September 2020.
4. We have heard the petitioner appearing in person and the
counsel for the respondents appearing on advance notice.
5. It is the case of the petitioner, (i) that owing to the interim
orders in OA filed by one Col. Leena Gaurav, the declaration of the
result of No.2 Selection Board (JAG), held in December 2019,
whereupon depends the promotion of the petitioner to the rank of
Brigadier, was stayed; (ii) that the petitioner was not made a party
in the OAs filed by Col. Leena Gaurav; (iii) the OA filed by Col.
Leena Gaurav has been ordered to be taken up alongwith OA filed
by Col. V.S. Gaur; (iv) the interim order affecting the petitioner in
OA filed by Col. Leena Gaurav, was passed in the absence of the
petitioner; (v) that though the petitioner applied for impleadment in
the OA filed by Col. Leena Gaurav but his application for
impleadment was rejected, reasoning that he could support the
petitioner Col. Leena Gaurav and not contradict her; (vi) that this
compelled the petitioner to file his own O.A. No. 787/2020
alongwith application for interim relief seeking stay of his
superannuation due on 30th September 2020, till the declaration of
the result, but which order was declined, observing that the
petitioner, if succeeds in his OA, the superannuation/retirement of
the petitioner will not come in the way of grant of the relief; (vii)
that the petitioner, if promoted, would superannuate after one year;
and, (viii) that though AFT vide order dated 28th August 2020 in
O.A. No. 996/2020 titled Brig. K.K. Nandwani vs. Union of India
& Ors., stayed the superannuation of the Applicant therein, but
declined such an order to the petitioner.
6. The petitioner, neither in this petition nor in the OA filed
before the AFT, has impleaded Col. Leena Gaurav, vide interim
order in OA filed by whom, the petitioner is affected. This, in our
opinion has potential to result in conflicting orders. The AFT, in
our opinion cannot grant relief claimed in the OA filed by the
petitioner, without considering the contentions of Col. Leena
Gaurav and Col. V.S. Gaur in OAs filed by them.
7. In our view it is thus necessary that the AFT has a look at the
three OAs together.
8. The counsel for the respondents appearing on advance notice
has also placed before us the concern of the respondents, of the
posts lying vacant in JAG owing to the interim order and affecting
the functioning of JAG and states that the respondents are also
desirous of early resolution of the matter.
9. In the circumstances, without going into the merits of the
claim of the petitioner, we deem it appropriate to request the AFT
(We are informed by the counsel for the respondents that the Bench
of Hon'ble the Chairperson and Hon'ble the Member of AFT
which has heard all the three petitions, is scheduled to hold sitting
tomorrow), to take up all the three petitions together, tomorrow
itself i.e. 30th September 2020, in view of the impending
superannuation of the petitioner tomorrow.
10. Till such consideration of the matter by the AFT and passing
of order in pursuance thereto, the order of superannuation of the
petitioner be not given effect to.
11. The counsel for the respondents to inform all the counsels in
the OAs preferred by Col. Leena Gaurav and Col. V.S. Gaur of the
listing of the matter tomorrow i.e. on 30th September 2020.
12. The AFT, while considering the matter, to also consider the
interim order, if any, required to be passed in favour of the
petitioner.
13. We also direct the respondents to produce the records of the
No.2 Selection Board (JAG), held in December 2019, before the
AFT, during the hearing tomorrow or any subsequent date directed.
14. A copy of this order be forwarded to the petitioner and the
respondents immediately for onward transmission to the AFT
today itself, for compliance.
15. The petition is disposed of.
RAJIV SAHAI ENDLAW
(JUDGE)
ASHA MENON
(JUDGE)
SEPTEMBER 29, 2020
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