Supreme Court - Daily Orders
Wg.Cdr. A.U. Tayyaba ( Retd). vs Union Of India on 10 November, 2022
Author: Hima Kohli
Bench: Hima Kohli
1
ITEM NO.27 COURT NO.1 SECTION XIV-A
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). 79-82/2012
WG.CDR. A.U. TAYYABA ( RETD). & ORS. Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No. 126104/2020 - APPROPRIATE ORDERS/DIRECTIONS IA
No.153547/2021 – CLARIFICATION/DIRECTION IA No. 12553/2022 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA
No.90501/2022 - STAY APPLICATION)
WITH
C.A. No. 192-196/2012 (XIV-A)
(WITH APPLICATION FOR IMPLEADMENT ON IA 26/2015, FOR APPLICATION
FOR IMPLEADMENT ON IA 27/2015 FOR [APPLICATION FOR DIRECTION] ON
IA 28/2016 FOR impleading party ON IA 12915/2022 FOR INTERVENTION/
IMPLEADMENT IA No. 35350/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
C.A. No. 83-84/2012 (XIV-A)
C.A. No. 3151/2012 (XIV-A)
C.A. No. 5164/2012 (XIV-A)
Diary No(s). 2879/2018 (XVII)
(IA LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT,
2007 ON IA 22700/2018 FOR I.A. FOR DE-TAGGING ON IA 97987/2018)
Date : 10-11-2022 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE J.B. PARDIWALA
For Appellant(s) Mr. Sudhanshu S Pandey, Adv.
Signature Not Verified
Shri Gaichangpou Gangmei, AOR
Digitally signed by
GULSHAN KUMAR
Mr. Arjun D Singh, Adv.
ARORA
Date: 2022.11.14
16:57:24 IST
Mr. Yashvir Kumar, Adv.
Reason:
2
Mr. Deepak Goel, AOR
Mr. K. Parameshwar, AOR
Ms. Arti Gupta, Adv.
Mr. Krishnan Venugopal, Sr. Adv.
Mr. J Rajesh, Adv.
Ms. Anshula Vijay Kumar Grover, AOR
Mr. Jaitegan Singh Khurana, Adv.
Mr. AVM Rajendra, VSM AVSM, Adv.
Ms. Nitika Grover, Adv.
Mr. Huzefa A Ahmedi, Adv.
Mr. Rakesh Kumar, AOR
Ms. Shahrukh Alam, Adv.
Ms. Garima Sachdeva, Adv.
Mr. Sanjay Kumar Yadav, Adv.
Mr. Anupam Kirti, Adv.
Mr. Vinay Kumar, Adv.
Ms. Archana Pathak Dave, AOR
Ms. Chitrangda Rastravara, Adv.
Mr. Avnish Dave, Adv.
Mr. Pramod Kumar vishnoi, Adv.
Mr. Aditya Chauhan, Adv.
For Respondent(s) Mr. Sanjay Jain, ASG
Mr. R. Balasubramanian, Sr. Adv.
Mr. Santosh Kumar, Adv.
Mr. Akshay Amritanshu, Adv.
Mr. Mohd. Akhil, Adv.
Mr. Sachin Sharma, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. Sridhar Potaraju, AOR
Mr. Rakesh Kumar, AOR
Mr. Anupam Raina, AOR
UPON hearing the counsel the Court made the following
O R D E R
CIVIL APPEAL NOS 79-82 OF 2012 1 In pursuance of the interim order dated 20 February 2013, eight of the appellants, namely, appellant No 2 (Wg Cdr Hemlata Lohani), appellant No 3 (Wg Cdr Manisha 3 Krishnatri), appellant No 5 (Wg Cdr Lavanya Bhardwaj), appellant No 6 (Wg Cdr Parul Goyal), appellant No 9 (Wg Cdr Shivika Khurana), appellant No 10 (Wg Cdr Bhagyashri Shirolkar), appellant No 11 (Wg Cdr Varsha Gokhale) and appellant No 12 (Wg Cdr P K Ahluwalia) were reinstated as officers of the Indian Air Force. They have continued to work pursuant to the order of reinstatement. All of them are in service.
2 Mr R Balasubramanian, senior counsel appearing on behalf of the Indian Air Force states on instructions that:
i) All the eight officers who have been reinstated in pursuance of the interim orders of this Court will be issued orders of Permanent Commissions within three weeks;
ii) The entire period of service including the period between 2007-08 and 2013 (when the officers were out of service) shall be reckoned for all purposes including increments, pension, promotion and other consequential benefits except that no arrears of pay for the period for which they had not worked are payable;
iii) The orders granting them Permanent Commission shall be issued within a period of two weeks.
3 In view of the fair stand which has been adopted by the Indian Air Force, we direct that consequential orders for the grant of promotions, in terms of the applicable policy shall be passed within a period of one month from the date on which orders for the grant of Permanent Commission are issued.
4 The date of promotion shall be reckoned from the notional date from which they would have been entitiled to the promotion to said post(s) having due regard to their seniority, length of service and suitability. Arrears of pay and increments 4 (save and except for the period when they were out of service), if any, shall be released within a period of three months from the date of the grant of Permanent Commission.
5 The matters remain Part-heard.
6 List on 15 November 2022.
(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)
AR-CUM-PS ASSISTANT REGISTRAR