Tribunals and CommissionsDivision Bench(2020) 02 AFT CK 0052

Porandla Suresh Kumar Patel vs Union Of India And Others

Armed Forces Tribunal · Decided on 10 February 2020

HON’BLE JUDGES
Sunita Gupta, J · B.B.P. Sinha, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 472 Of 2017, Miscellaneous Application No. 324 Of 2020

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Judgment

14 paragraphs · 279 words

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.