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Union Of India vs Mukul Dev on 23 March, 2015

Bench: T.S. Thakur, Kurian Joseph, R. Banumathi

                                                  1

  ITEM NO.12                              COURT NO.2               SECTION XVII

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

  Civil Appeal Diary No(s).                 41835/2014

  UNION OF INDIA & ORS                                              Appellant(s)

                                                 VERSUS

  MUKUL DEV                                          Respondent(s)
  (With appln. for leave to appeal u/s 31(1) of the Armed Forces
  Tribunal Act, 2007 and office report)

  Date : 23/03/2015 This appeal was called on for hearing today.

  CORAM :
                         HON'BLE MR. JUSTICE T.S. THAKUR
                         HON'BLE MR. JUSTICE KURIAN JOSEPH
                         HON'BLE MRS. JUSTICE R. BANUMATHI

  For Appellant(s)                 Mr.   Maninder Singh,Asg,
                                   Mr.   R.Balasubramanian, Adv.
                                   Mr.   Santosh Kumar, Adv.
                                   Mr.   Shirin Khajuria, Adv.
                                   Mr.   B. V. Balaram Das,Adv.

  For Respondent(s)                Mr. Ravindra S. Garia,Adv.
                                   Mr. Mukul Manglik, Adv.

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Learned counsel for the respondent submits on instructions of the respondent who is also present in person that pursuant to the directions issued by the Armed Forces Tribunal the respondent has been considered for empanellment for promotion as to the rank of Colonel but has not been empanelled. He has placed on record an intimation dated 05.03.2015 issued to the respondent in that regard. Learned counsel submits on instructions that the respondent does not propose to challenge the result of his consideration and refusal of empanellment. In that view the entire controversy sought to be raised in this application seeking leave to appeal is rendered academic and need not be gone Signature Not Verified into. The questions of law sought to be raised are however left Digitally signed by open and the application seeking leave to appeal is dismissed. Shashi Sareen Date: 2015.03.26 09:53:45 IST Reason:

  (Shashi Sareen)                                  (Veena Khera)
   Court Master                                     Court Master

(Signed order is placed on the file)  2 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. D 41835 OF 2014 UNION OF INDIA AND ORS. Appellant(s) Versus MUKUL DEV Respondent(s) O R D E R Learned counsel for the respondent submits on instructions of the respondent who is also present in person that pursuant to the directions issued by the Armed Forces Tribunal the respondent has been considered for empanellment for promotion as to the rank of Colonel but has not been empanelled. He has placed on record an intimation dated 05.03.2015 issued to the respondent in that regard. Learned counsel submits on instructions that the respondent does not propose to challenge the result of his consideration and refusal of empanellment. In that view the entire controversy sought to be raised in this application seeking leave to appeal is rendered academic and need not be gone into.

The questions of law sought to be raised are however left open and the application seeking leave to appeal is dismissed.

...................J. (T.S.THAKUR) ....................J. (KURIAN JOSEPH) .....................J (R.BANUMATHI) New Delhi, March 23, 2015.