Supreme Court - Daily Orders
Commander (Retd) Sunil Dutt Sharma vs Union Of India on 13 November, 2017
Bench: A.K. Sikri, Ashok Bhushan
ITEM NO.17 COURT NO.6 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. 15400/2017
(Arising out of impugned final judgment and order dated 13-01-2017
in OA No. 574/2015 passed by the Armed Forces Tribunal)
COMMANDER (RETD) SUNIL DUTT SHARMA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With IA No.93654/2017-CONDONATION OF DELAY IN FILING, IA
No.93652/2017-CONDONATION OF DELAY IN REFILING and IA
No.93649/2017-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES
TRIBUNAL ACT, 2007)
Date : 13-11-2017 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Petitioner(s)
Mr. Anurag Dubey, Adv.
Mr. Sarvendra Singh, Adv.
Mr. Meenesh Dubey, Adv.
Ms. Meenakshi Parihar, Adv.
Mr. S. R. Setia, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel appearing for the petitioner has drawn our attention to the policy decision dated 01.03.2013 which was taken by the Directorate of Personnel as per which all the officers who are superannuated were decided to be promoted retrospectively from their original date of Signature Not Verified Digitally signed by NIDHI AHUJA completion of 26 years of service. He submits that since Date: 2017.11.17 16:00:20 IST Reason: this Order was given effect to, the petitioner approached the Tribunal and in these circumstances, the Tribunal could 1 CIVIL APPEAL Diary No. 15400/2017 not have dismissed the petition on the ground of delay.
Leave to appeal granted.
Delay in filing the instant appeal is condoned. Issue notice.
Notice may be served through the standing counsel for the Union of India.
List the matter after two weeks.
(NIDHI AHUJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
2