Tribunals and CommissionsDivision Bench(2019) 09 AFT CK 0040

Devendra Kr Jangir vs Union Of India And Others

Armed Forces Tribunal · Decided on 26 September 2019

HON’BLE JUDGES
Sunita Gupta, J · B.B.P. Sinha, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1388 Of 2016, Miscellaneous Application No. 2530 Of 2019

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Judgment

11 paragraphs · 184 words
1.

Vide this MA the applicant seeks permission to withdraw the OA with permission to file afresh in the light of the change of policy and recent

judgment passed by Hon'ble Delhi High Court in Ex-Cp1 GK Srivasatava in WP(C) 10026/2016 dated 09 January 2019,

2.

Orally, it is stated by the learned counsel for the applicant that he has been engaged recently and while going through the file it transpired that it is

not a fit case for grant of Reservist Pension and the applicant can get Pro-rata Pension in view of the High Court Judgment.

3.

if that is so, it is a separate cause of action. Moreover, if judgment has been passed by Delhi High Court recently, the same can be cited in any of

the proceedings if it favour the applicant.

4.

That being so, the application is allowed to the extent that OA is allowed to be withdrawn but no liberty is granted as prayed for.

5.

MA stands disposed off accordingly.

OA 1388/2016

OA is dismissed as withdrawn.

OA is listed on 07.02.2020. The said date is cancelled.