A.K.SIKRI,J. - (1.) Delay condoned. Appeals admitted.
(2.) These are civil appeals arise out of different orders passed by the Armed Forces Tribunal (AFT), Regional Bench at Mumbai in two different proceedings viz. Transfer Application No. 8 of 2013 and Original Application Nos. 50 and 53 of 2009. However, the parties involved in these appeals are same and there is continuity of events and developments that have taken place giving rise to these proceedings. For these reasons, these appeals are clubbed and heard together, which we intend to decide by this common judgment.
(3.) The aforesaid proceedings were filed by Col. A.D. Nargolkar (now retired) (hereinafter referred to as the 'Officer') who was commissioned in the Army. The other party is Union of India, which would be referred to as UOI. The genesis behind these appeals can be traced by the following factual events: The Officer was commissioned in the Army in the year 1979 in the Corps of Artillery. He was promoted to the rank of Colonel in due course of time. From August 01, 2006 to May 31, 2007, the Officer was on study leave. On May 21, 2007, he was considered by No. 2 SB during January 2007 as a 1979 Fresh Batch Artillery and was empanelled for promotion to the rank of Brigadier subject to availability of vacancies, continued satisfactory performance and medical fitness.;