UNION OF INDIA Vs. J.C. 701490 X NB. SUB PANKAJ KUMAR JHA
LAWS(RAJ)-2018-7-51
HIGH COURT OF RAJASTHAN
Decided on July 10,2018

UNION OF INDIA Appellant
VERSUS
J.C. 701490 X Nb. Sub Pankaj Kumar Jha Respondents

JUDGEMENT

MUNISHWAR NATH BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 01st March, 2018 passed, by the Armed Forces Tribunal (for short "the Tribunal"), granting interim relief to the non-petitioner applicant pending consideration of the Original Application.
(2.) The non-petitioner-applicant preferred an Original Application before the Tribunal to seek a direction for promotion to the post of Subedar pursuant to the order dated 31st January, 2018. The consequential relief apart from interest on pay and allowance was also claimed.
(3.) The case set out by the non-petitioner-applicant was that despite an order of promotion dated 31st January, 2018, it has not been given. The Original Application was filed to seek implementation of the order of promotion dated 31st January, 2018. The non-applicants-petitioners herein contested the Original Application in reference to a condition imposed in the order of promotion dated 31st January, 2018. The order of promotion was on certain conditions, which include, that no disciplinary/vigilance/criminal case is pending against the promotee officer. It is stated that a vigilance case was pending against the non-petitioner-applicant thus he could not have been given promotion. Learned Tribunal has passed an interim order to direct the petitioners herein to give promotion to the non-petitioner applicant.;


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