AI Structured Summary
Not yet generated for this judgment
Judgment
Present MA has been filed seeking execution of the order dated 01.08.2019 by imposing a penal interest @ 18% on the monetary arrears and to re-
consider the applicant for his promotion from the rank of Colonel to Brigadier and Brigadier to Major General as 'Special Review Cases' due to
change in profile.
Perusal of the order dated 01.08.2019 reflects that the matter was remitted back to the respondents to re -consider the case of the applicant for
classification of his pre-1994 Sena Medal under the revised policy.
It is admitted by the counsel for the applicant that pursuant to this order, the respondents have made the award of Sena Medal as SM Gallantry
award.
By virtue of present MA, the applicant is claiming completely different relief which is not within the scope of the original OA. Counsel for the
applicant submits that a specific relief is claimed stating that the respondents should restore the award of `SM Gallantry' ab-initio and benefits thereof
be granted to the applicant. Even the relief as claimed in the present MA was not specifically mentioned in the OA and even if it was claimed, the
same was never granted to the applicant. That being so, the MA is only for execution of the main order and in the main order, no such relief was
granted and thus present relief claimed in the MA is beyond the scope of original OA. That being so, the same cannot be considered or granted.
In case the applicant feels that he is entitled to the same, he will be at liberty to seek appropriate relief in accordance with law.
With these observations, present MA stands disposed of.
