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SUPREME COURT OF INDIA
SURYA KANT, UJJAL BHUYAN, JJ.
Lt. Col. Rita Taneja – Petitioner
Versus
Union of India and Others – Respondents
M.A. No. 552 of 2024, Writ Petition (C) No. 1158 of 2020
Decided On : 20-12-2024
ORDER :
1. The application for exemption from filing attested affidavit, original vakalatnama and welfare stamp is allowed.
2. Through the instant Miscellaneous Application, the applicant/petitioner, in sum and substance, seeks directions to implement the judgment of this Court, dated 25.03.2021, passed in lead case Lt. Col. Nitisha and Others vs. Union of India and Others.
3. It may be mentioned that Writ Petition (C) No. 1158/2020, filed by the petitioner, was also a part of the same batch of matters.
4. After the principles to be followed by the authorities were laid down by this Court in Secretary, Ministry of Defence vs. Babita Puniya and Others, (2020) 7 SCC 469, the applicant was also promoted in the rank of Colonel (Select Grade) by the Special Selection Board No. 3 and was given Staff Appointment on the basis of her current medical status- permanent low medical category. This, according to the applicant, renders her ineligible for promotion to Brigadier Rank. Her case is that she would have been eligible for promotion to the post of Brigadier if her case for promotion to Colonel had been considered in 2014, when it was actually due. At that time, the applicant was in SHAPE-I medical category. On this premise, it is averred that the applicant has been denied subsequent promotion in the rank of Brigadier only as a result of the delay in implementation of the decision of this Court in Babita Puniya’s case (supra).
5. We have heard learned counsel for the applicant as well as learned Senior Counsel for the respondent-Union of India.
6. It seems to us that the substantive relief of promotion in the next rank of Brigadier and other consequential benefits cannot be granted in a Miscellaneous Application. Even if, it is assumed that the applicant was denied promotion on account of her placement in a particular medical category, such an issue can be examined in detail by the Armed Forces Tribunal (for short ‘the Tribunal’).
7. Consequently, we dispose of this Miscellaneous Application, with liberty to the applicant to approach the Armed Forces Tribunal. In case she files an Original Application within four weeks, no objection regarding expiry of limitation shall be entertained and such an application shall be decided on merits.
8. The Tribunal is requested to decide the Original Application expeditiously and preferably within four months.
9. It is clarified that we have not expressed any opinion on the merits of the case.
10. As a result, the pending interlocutory applications also stand disposed of.
The court ruled that substantive relief for promotion cannot be granted in a Miscellaneous Application, directing the applicant to approach the Armed Forces Tribunal for detailed examination.
The petitioner is entitled to seniority from the date his juniors were promoted, as administrative delays in conducting the Medical Board should not penalize him.
Parity in promotion cannot be claimed based on irregular benefits to juniors; delay in service claims not condoned without sufficient cause; category corrections upheld without disturbing prior excha....
Interim orders on promotions pending adjudication of an application must ensure timely resolution, especially when retirement is imminent.
Notional promotion granted without financial benefits confirmed due to procedural delays affecting eligibility.
Continuing wrong in promotion denial causing recurring seniority/financial loss overrides delay/laches; backdated promotion for seniority granted without arrears, extending parity to eligible overloo....
Judicial precedent mandates promotion of petitioners based on prior rulings, contingent on eligibility criteria.
The main legal point established in the judgment is the significance of the No.1 Selection Board's recommendation and the approval by the Chief of Defence Staff in the promotion process, particularly....
The central legal point established is the obligation of the respondents to promptly implement the order of the Tribunal, especially considering the petitioner's impending retirement, and the failure....
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