Supreme Court - Daily Orders
Union Of India vs Saroj Devi on 20 October, 2021
Bench: Ajay Rastogi, Abhay S. Oka
1
ITEM NO.14 Court 14 (Video Conferencing) 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). 20250/2021
(Arising out of impugned final judgment and order dated 23-08-2019
in OA No. 502/2016 / 22.01.2021 in M.A. Nos. 1824/2020 & 1825/2020
in OA No.502/2016 passed by the Armed Forces Tribunal)
UNION OF INDIA & ORS. APPELLANT(S)
VERSUS
SAROJ DEVI RESPONDENT(S)
(IA No.123815/2021-CONDONATION OF DELAY IN FILING and IA
No.123814/2021-STAY APPLICATION and IA No.123811/2021-LEAVE TO
APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 )
Date : 20-10-2021 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Ms. Madhavi Divan, ASG
Mr. S. Udaya Kumar Sagar, Adv
Ms. Vishakha, Adv
Ms. Arunima Dwivedi, Adv
Mr. Arvind Kumar Sharma, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Learned Counsel for the appellants has placed reliance on the judgment of this Court Kanchan Dua Vs. Union of India and Another (2019 SCC OnLine SC 1246) and further submits that as per the Signature Not Verified directions of Government of India communicated vide letter Digitally signed by NEETU KHAJURIA Date: 2021.10.20 17:17:51 IST Reason: No.1(2)/97/I/D (Pen-C) dated 31.01.2001 of the Ministry of Defence/Raksha Mantralaya, the case of the deceased may fall under 2 Category ‘B’ of Rule/Regulation 4.1. However, the Tribunal has considered him in Category ‘E’ to which he is not entitled for. Issue notice returnable in four weeks.
Dasti, in addition, is permitted, as prayed. In the meanwhile, the operation and effect of the order impugned dated 23.08.2019 shall remain stayed until further orders. However, the appellants are directed to pay the pension admissible to the respondent along with arrears, if any, in terms of Category ‘B’ of Rule/Regulation 4.1 of the letter dated 31.01.2001 within four weeks.
(POOJA SHARMA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)