SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Dan Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Vide present petition, petitioner is praying as under:
(b) Direction to respondents to call for relevant records on the basis of that petitioner was empanelled for the promotion to the rank of Sub.
(c) Direction to respondents to call for relevant records on the basis of which petitioner's empanel was recalled/cancelled.
(d) Direction to respondents to place on records amendments of WE (I) Engr Sqn vide IHQ of MoD (Army), E-in-C's Br, Comb Engr-2 letter dated 22-12-2022 based on which the Respondents cancelled the petitioner's promotion order dated 20-02-2023 (Annexure A-1) after issuance of promotion order dated 24-01-2023 (Annexure A-3) and quash the promotion order dated 20-02-2023;
(e) Direction to respondents to promote petitioner to the rank of Sub as per Promotion order dated 24-01-2023 (Annexure A-3) as soon as possible, but before 30-04-2023 (Date of Retirement), whereas promotion order dated 24-01-2023 was issue service rendered upto and on the ACR from 01-06-2021 to 31-05-2022 and same was cancelled
Courts may refrain from interfering in matters pending before specialized tribunals, and provisional decisions may be deemed pending the final decision of the tribunal.
Promotion decisions within the armed forces require thorough examination of facts and consideration of balance of convenience, especially when retirement is imminent.
Interim orders on promotions pending adjudication of an application must ensure timely resolution, especially when retirement is imminent.
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....
Unserved and unproduced promotion cancellation order cannot deny retired employee's cadre benefits.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
The Armed Forces Tribunal's decisions are appealable only to the Supreme Court, not the High Court, affirming jurisdictional boundaries.
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