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DEVENDRA KUMAR UPADHYAYA, IRSHAD ALI
Brigadier Javed Iqbal – Appellant
Versus
Union of India, Through Secretary Ministry of Defence – Respondent
JUDGMENT :
1. Heard the petitioner, Brigadier Javed Iqbal in person and Sri S.B. Pandey, learned Senior Advocate/Assistant Solicitor General of India assisted by Sri Varun Pandey, for the respondents.
2. These proceedings under Article 226 of the Constitution of India have been instituted by the petitioner impeaching the order dated 15.02.2022 whereby Misc. Application No.137 of 2022 filed by the petitioner in Execution Application No.11 of 2022 has been rejected by the Lucknow Bench of Armed Forces Tribunal.
3. At this juncture itself, we may note that the Execution Application No.11 of 2022 was filed by the petitioner before the Armed Forces Tribunal seeking execution of the judgment and order dated 07.01.2022 whereby the Original Application preferred by the petitioner in respect of his promotion to the post of Additional Major General (Litigation) in Judge Advocate General's Branch was allowed. The operative portion of the said judgment and order dated 07.01.2022 which finds mentioned in para 21 of the said judgment is extracted herein below:-
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....
Interim orders on promotions pending adjudication of an application must ensure timely resolution, especially when retirement is imminent.
The Armed Forces Tribunal has exclusive jurisdiction over service matters concerning members of the armed forces, including those on deputation, as defined under the Armed Forces Tribunal Act, 2007.
The Armed Forces Tribunal's decisions are appealable only to the Supreme Court, not the High Court, affirming jurisdictional boundaries.
Courts may refrain from interfering in matters pending before specialized tribunals, and provisional decisions may be deemed pending the final decision of the tribunal.
Armed Forces Tribunal would be subject to jurisdiction of High Court in Article 226 – Tribunal subject to High Court’s jurisdiction under Article 226, cannot be permitted by law, to direct framing of....
Promotion decisions within the armed forces require thorough examination of facts and consideration of balance of convenience, especially when retirement is imminent.
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