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Judgment
P.V.Kunhikrishnan, J
This review petition is filed to review the judgment dated 30.3.2022 in W.P.(C) No. 9822 of 2021. This Court disposed of writ petition allowing the petitioner to approach the Armed Forces Tribunal for appropriate reliefs and the contentions raised in this writ petition were left open. The review petition is filed with a specific contention that the Tribunal has no jurisdiction. According to the petitioner, in additional paragraph Nos. 15 and 16 of the writ petition, it has been specifically averred that the petitioner was never commissioned in the Army and hence, he is not subject to the Army Act and cannot move the Hon'ble Armed Forces Tribunal.
The learned CGC reiterated that the petitioner can approach the Tribunal. But, this point is not specifically considered in the impugned judgment. Therefore, it will be better to recall the judgment and the writ petition itself can be restored.
Therefore, this review petition is allowed. The judgment dated 30.3.2022 in W.P.(C.) No. 9822 of 2021 is recalled and the writ petition is restored.