LAWS(DLH)-2021-3-123

MAJ. RAJINDER KAUR Vs. UNION OF INDIA

Decided On March 15, 2021
Maj. Rajinder Kaur Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Present writ petition has been filed challenging the interim order dated 26th February 2021 passed by the Armed Forces Tribunal only to the extent it rejects/disallows the Petitioner's prayer for interim stay of the order dated 11th January 2021 passed by Respondent No. 2 thereby denying Permanent Commission/Extension of Service to the Petitioner and directs the compulsory release/discharge of the Petitioner w.e.f. 18th March, 2021.

(2.) Petitioner also seeks direction to the Respondents not to give effect to the impugned order dated 11th January, 2021 and not to release/discharge the Petitioner from service until disposal of the Petitioner's statutory complaint dated 25th January, 2021 or until disposal of the Petitioner's O.A. 359 of 2021 whichever is later.

(3.) Learned counsel for the Petitioner states that the Petitioner was commissioned in the EME Corps as a SSC (Woman) Officer. He states that as per the terms of engagement of SSC Officers, the Petitioner was required to serve for a mandatory period of ten years (i.e., up to 18th March 2021) extendable by another four years. He also points out that in the ninth year of the Petitioner's service, the Petitioner was required to be considered along with the Petitioner's batch for grant of Permanent Commission (PC)/extension of service and if found fit for PC, the Petitioner could serve up to the age of superannuation like any other PC Officer.