Tribunals and CommissionsDivision Bench(2021) 09 AFT CK 0017

Maj Mohit Mital (Retd) vs Union of India & Ors.

Armed Forces Tribunal · Decided on 17 September 2021

HON’BLE JUDGES
Rajendra Menon, Chairperson, (J) · P.M. Hariz, Member (A)
CASE NUMBER
RA 58 Of 2017 in OA 52 Of 2016

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Judgment

2 paragraphs · 204 words

According to the applicants, the issue involved in these matters stands concluded by a judgment of Hon'ble Supreme Court dated 07.11.2019 in the case of Union of India & Ors. Vs. V.R. Nanukuttan Nair [Civil Appeal Nos. 4714 - 4715 of 2012], however, we find from the records that the case of V.R. Nanukuttan Nair (supra) has been decided by the Hon'ble Supreme Court based on the orders rendered by the AFT, Regional Bench at Kochi on 26.10.2010 and 12.04.2011. Both the orders of Kochi Regional Bench, as detailed hereinabove, are not available on record. Office to summon the aforesaid orders of Kochi Regional Bench and place them on record. We direct that all these applications for review be listed on 29th November, 2021 at 2:00 P.M. in 'Physical Hearing'.

Even though learned counsel, Shri S.M. Dalal, has made a submission that his case i.e. RA 15/2016 in OA 245/2013 (Item No. 32) be detached from this batch and listed separately, we find no justification in the prayer as there is already an order by the previous Bench to hear them together. However, Shri  Dalal  is  free  to  make  his  own  submissions  when  the matters are taken up for hearing on the next date.