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Union Of India vs Om Prakash Guleria on 27 August, 2021

Bench: D.Y. Chandrachud, M.R. Shah

     CA D.9346/2021
                                                           1


                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION


                                           Civil Appeal No           of 2021
                                                        [Diary No 9346/2021]


                      Union of India and Others                                      Appellant(s)


                                                        Versus


                      Om Prakash Guleria                                             Respondent(s)

                                                         WITH




                                                        ORDER

1 Leave to appeal is granted.

2 Besides the delay of 515 days in filing the appeal, which has not been satisfactorily explained, even on merits, we find no error in the judgment dated 10 August 2021 of the Armed Forces Tribunal. The Tribunal has correctly construed the provisions of the pension regulations and the ultimate conclusion, entitling the respondent to the service element of the disability pension and the benefit of rounding off, does not suffer from any error.

2 The Civil Appeal is, therefore, dismissed on the ground of delay as well as on merits.

3 Pending applications, if any, stand disposed of.

….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [M R Shah] New Delhi;

August 27, 2021 CKB CA D.9346/2021 3 ITEM NO.8 Court 4 (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.9346/2021 (Arising out of impugned final judgment and order dated 10-08-2018 in OA No.324/2016 passed by the Armed Forces Tribunal, Chandigarh, Regional Bench Chandimandir) UNION OF INDIA & ORS. Petitioner(s) VERSUS OM PRAKASH GULERIA Respondent(s) (With appln.(s) for IA No.64379/2021-CONDONATION OF DELAY IN FILING and IA No.64380/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.64382/2021-STAY APPLICATION and IA No.64386/2021-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007) Date : 27-08-2021 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Ms. Madhavi Divan, ASG Ms. Seema Bengani, Adv.

Ms. Arunima Dwivedi, Adv.

Mr. Ayush Puri, Adv.

Mr. Arvind Kumar Sharma, AOR CA D.9346/2021 4 For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 The Civil Appeal is dismissed in terms of the signed order.

2 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. COURT MASTER (Signed order is placed on the file)