Supreme Court - Daily Orders
D.K. Sawhney Dead Thr. Lrs. . vs Union Of India . on 28 June, 2017
Bench: Abhay Manohar Sapre, Sanjay Kishan Kaul
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.140 OF 2011
D.K. Sawhney (dead) Thr. Lrs. & Ors. ...Appellant(s)
VERSUS
Union of India & Ors. …Respondent(s)
ORDER
1) This is an appeal under Section 30 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as “the Act”) filed by the writ petitioner (D.K.Sawhney) against the order dated 21.09.2010 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as “the Tribunal”) in T.A. No 298 of 2009 arising out of W.P. (C) No 2215/1997.
Signature Not Verified2) It may not be necessary to take note of the facts of the Digitally signed by NEELAM GULATI Date: 2017.06.29 16:00:37 IST Reason: case in detail and nor it is necessary for this Court to decide 1 the issues arising in the appeal in the light of matter having been settled between the parties.
3) Suffice it to say, the original writ petitioner was one Mr. D.K.Sawhney. He was working in Military services and was commissioned into the Corps of Electrical and Mechanical Engineering (EME) in 1978. He was then posted to HQ Director General, Assam Rifles, Shillong as JAD(EME) in 1994 where he faced court martial proceedings on charges framed therein. This led to his dismissal from the services. He then challenged the court martial proceedings including his dismissal order by filing Writ Petition No. 2215/1997 before the Delhi High Court. This writ petition was transferred to the Tribunal on coming into force the Act and was registered as T.A. No 298 of 2009.
4) During pendency of the matter before the Tribunal, Mr. D.K.Sawhney expired leaving behind his widow, son and daughter as his legal representatives, who were brought on record as the petitioners therein to continue the proceedings in question.
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5) By impugned order, the Tribunal dismissed the writ petition giving rise to filing of this appeal by the legal representatives of Mr. D.K. Sawhney.
6) During pendency of this appeal, the respondents (UOI) has issued the order (PPO No.M/F/0007/2014 dated 27.03.2014) by which the UOI has sanctioned 50% of family pension in favour of appellant No.1A- Smt. Poonam Sawhney-wife of late D.K.Sawhney.
7) The appellants have accepted the order dated 27.03.2014 sanctioning 50% family pension payable to appellant No.1A.
8) In the light of such acceptance, it is not necessary to decide the matter on merits.
9) This appeal is accordingly disposed of in the light of the compromised arrived at between the parties.
10) We accordingly direct the respondents to quantify the arrears of family pension in terms of order dated 27.03.2014 3 and pay to appellant No.1A (Smt. Poonam Sawhney) within three months from the date of receipt of this order and also continue to pay every month the family pension in terms of the order dated 27.03.2014.
…....................................J. [ABHAY MANOHAR SAPRE] ………...................................J. [SANJAY KISHAN KAUL] New Delhi;
June 28, 2017
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ITEM NO.102 COURT NO. 4 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 No(s). 140 OF 2011
D.K. SAWHNEY(dead) THR. LRS. AND ORS. Appellant(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
Date : 28/06/2017 These Petitions were called on hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL (VACATION BENCH) For the Petitioner: Mr. Rajiv Shankar Dvivedi, Adv.
Mr. Alok sinha, Adv.
Mr. Vivekanand Jha, Adv.
For the Respondent: Mr. R. Balasubramanian,Adv.
Ms. Aarti Sharma, Adv.
Mr. Mukesh Kumar Maroria, Adv.
UPON hearing counsel the Court made the following O R D E R This appeal is disposed of in the light of the compromised arrived at between the parties in terms of signed order.
The respondents are directed to quantify the arrears of family pension in terms of order dated 27.03.2014 and pay to appellant No.1A (Smt. Poonam Sawhney) within three months 5 from the date of receipt of this order and also continue to pay every month the family pension in terms of the order dated 27.03.2014.
(NEELAM GULATI) (SHARDA KAPOOR)
COURT MASTER ASSISTANT REGISTRAR
(Signed order is placed on the file) 6