It is justice at last for a retired judge of the Punjab & Haryana HC. Nearly 10 months after Justice Mahavir S Chauhan moved the High Court for release of benefits he was entitled to as Armed Forces Tribunal member, the Union of India & other respondents have undertaken to pass an appropriate order within three months.
Appearing before Justice Harsimran Singh Sethi, the petitioner’s counsel Navdeep Singh had said benefits admissible to Justice Chauhan were liable to be computed under the Armed Forces Tribunal (Salaries, Allowances & Conditions of Service of Chairperson & Members) Rules, 2009.
Contesting the claim, the counsel for the respondents initially submitted that the grant of the benefits to the petitioner was to be considered under the Tribunal, Appellate Tribunal & other Authorities (Qualifications, Experience & other Conditions of Service of Members) Rules, 2017.
The counsel for the respondents, during the course of subsequent hearing, “very fairly” admitted that ‘2017 Rules’ had already been struck down & were no longer applicable, keeping in view the order passed by the Supreme Court in the case of Rojer Mathew versus South Indian Bank Ltd & others, decided on Nov 13, 2019. As such, the petitioner’s claim for benefits as tribunal member would now be considered under ‘2009 Rules’.
He added appropriate order releasing the benefits in term of ‘2009 Rules’ would be passed within three months of receiving the order’s copy. The amount/benefits he was found entitled to under ‘2009 Rules’ would be released within a month thereafter.
Responding to the contentions, Navdeep Singh said he wouldn't press the petition any further keeping in view the “fair statement” by counsel for the respondents.
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