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SANJEEV SACHDEVA, MANOJ JAIN
Union of India – Appellant
Versus
Gulshan Saini – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner-Union of India impugns interim order dated 25.07.2023 passed by the Armed Forces Tribunal (hereinafter referred to as the Tribunal) whereby the Tribunal has directed that petitioners (herein) shall keep in abeyance the discharge/superannuation of respondent till the pronouncement of Judgment by it.
2. Issue Notice. Notice is accepted by Learned Counsel for the Respondent. With the consent of Parties, Petition is taken up for final disposal.
3. Respondent was serving in the rank of Colonel in the Indian Army and was to superannuate on attaining the age of 58 years in the said rank on 31.07.2023.
4. Respondent had filed the subject Petition before the Tribunal impugning the rejection of the respondent for promotion to the rank of Brigadier in the Indian Army. On promotion, respondent would have been entitled to serve for an additional period of two years in the Indian Army.
5. The impugned order dated 25.07.2023 records that arguments are heard and orders are reserved. The order also records that the respondent was attaining the age of superannuation on 31.07.2023 and notices the contention of learned counsel that in case he were
The potential illegal usurpation of office if an employee is allowed to continue in service based on an interim order that is later dismissed.
Interim orders on promotions pending adjudication of an application must ensure timely resolution, especially when retirement is imminent.
The right to receive pension as property under article 300(a) of the Constitution of India and the State's obligation to release retiral dues.
The Tribunal has authority to issue interim orders directing benefits during unresolved proceedings, contingent on the merit of the original application.
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