NAIB SUBEDAR NARESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted. This Appeal assails the order dated 31.5.2011 of the Armed Forces Tribunal (for short, 'AFT'), Principal Bench, New Delhi pronounced in O.A. No.63 of 2010.

(2.) In Union of India v. Brigadier P.S. Gill, 2012 4 SCC 463 this Court speaking through one of us, Thakur J, has opined that there is no vested right of appeal to the Supreme Court against the final decision of the AFT and accordingly it is imperative that every appeal to the Supreme Court should be preceded by a plea made before the AFT to the effect that the controversy raises a question of law of general public importance. In the event that the AFT disagrees it is necessary for the Appellant to apply for leave of this Court in terms of Section 31 of the Armed Forces Tribunal Act, 2007 (for short, 'the Act'). The Appellant has neither approached the AFT for leave to appeal under Section 31 of the Act nor has he filed any application for grant of leave to appeal without pursuing former course.

(3.) A perusal of the impugned Order discloses that the Appellant has been granted substantial relief by the AFT in that a direction has been issued to the Respondents to reckon his seniority in the rank of Naik w.e.f. 1.4.1988 with all consequential benefits without effect on pay and allowances except for the pension that he will be entitled to draw as Sub; had his case been correctly disposed off he would have retired as Sub and, therefore, financial dues only effecting his pension shall be paid w.e.f. 31.3.2009 i.e. the date of his retirement from service. The Respondents had made a futile effort for correction of the Judgment on the grounds that the Appellant's date of retirement was 31.7.2009 and therefore the relevant date should have been 31.7.2009 and not 31.3.2009. The AFT however, found no reason for altering its Judgment since it appears that the date 31.3.2009 was found relevant as persons junior to the Appellant had been promoted to the rank of Naik on that date.