Col. Rita Taneja vs Union Of India on 20 December, 2024

Supreme Court – Daily Orders

Col. Rita Taneja vs Union Of India on 20 December, 2024

Author: Surya Kant

Bench: Surya Kant

                                                     1

                                   IN THE SUPREME COURT OF INDIA

                                     CIVIL ORIGINAL JURISDICTION

                                         M.A. No.552 OF 2024
                                                  IN
                                   WRIT PETITION(C)No.1158 of 2020



     LT. COL. RITA TANEJA                                                 … PETITIONER

                                                 Versus



     UNION OF INDIA & ORS.                                                … RESPONDENTS


                                             O   R   D     E   R


     1.                  The   application   for     exemption     from    filing   attested

     affidavit, original vakalatnama and welfare stamp is allowed.

     2.                  Through   the   instant         Miscellaneous    Application,    the

     applicant/petitioner, in sum and substance, seeks directions to

     implement the judgment of this Court, dated 25.03.2021, passed in

     lead case Lt. Col. Nitisha & Ors. vs. Union of India & Ors.

     3.                  It may be mentioned that Writ Petition (C) No.1158/2020,

     filed by the petitioner, was also a part of the same batch of

     matters.

     4.                  After the principles to be followed by the authorities

     were laid down by this Court in Secretary, Ministry of Defence vs.

     Babita Puniya and others, (2020) 7 SCC 469, the applicant was also

     promoted in the rank of Colonel (Select Grade) by the Special
Signature Not Verified

Digitally signed by
SATISH KUMAR YADAV
Date: 2024.12.24
13:19:32 IST

     Selection Board No.3 and was given Staff Appointment on the basis
Reason:




     of her current medical status – permanent low medical category.
                                       2

This,   according   to   the    applicant,     renders    her     ineligible   for

promotion to Brigadier Rank. Her case is that she would have been

eligible for promotion to the post of Brigadier if her case for

promotion to Colonel had been considered in 2014, when it was

actually due.     At that time, the applicant was in SHAPE-I medical

category.     On this premise, it is averred that the applicant has

been denied subsequent promotion in the rank of Brigadier only as a

result of the delay in implementation of the decision of this Court

in Babita Puniya’s case (supra).

5.          We have heard learned counsel for the applicant as well

as learned Senior Counsel for the respondent-Union of India.

6.          It seems to us that the substantive relief of promotion

in the next rank of Brigadier and other consequential benefits

cannot be granted in a Miscellaneous Application.                 Even if, it is

assumed that the applicant was denied promotion on account of her

placement in a particular medical category, such an issue can be

examined in detail by the Armed Forces Tribunal (for short, `the

Tribunal’).

7.          Consequently,      we    dispose      of      this     Miscellaneous

Application, with liberty to the applicant to approach the Armed

Forces Tribunal.     In case she files an Original Application within

four weeks, no objection regarding expiry of limitation shall be

entertained and such an application shall be decided on merits.

8.          The   Tribunal     is   requested    to      decide    the   Original

Application expeditiously, and preferably within four months.

9.          It is clarified that we have not expressed any opinion on

the merits of the case.
                               3

10.      As a result, the pending interlocutory applications also

stand disposed of.




                                     .........................J.
                                     (SURYA KANT)




                                     ..............…….........J.
                                     (UJJAL BHUYAN)

NEW DELHI;
DECEMBER 20, 2024.
                                       4

ITEM NO.6                 COURT NO.3                      SECTION X

                  S U P R E M E C O U R T O F       I N D I A
                          RECORD OF PROCEEDINGS

     Miscellaneous Application No.552/2024 in W.P.(C) No.1158/2020

COL. RITA TANEJA                                            Petitioner(s)
                                      VERSUS
UNION OF INDIA & ORS.                                       Respondent(s)

(FOR ADMISSION and IA No.235583/2023-EXEMPTION FROM FILING
AFFIDAVIT and IA No.235588/2023-EXEMPTION FROM FILING PAPER BOOKS
and IA No.235942/2023-APPROPRIATE ORDERS/DIRECTIONS and IA
No.235593/2023-APPLICATION FOR PERMISSION
IA No. 235593/2023 - APPLICATION FOR PERMISSION
IA No. 235942/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 235583/2023 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 235588/2023 - EXEMPTION FROM FILING PAPER BOOKS)

Date : 20-12-2024 These matters were called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE SURYA KANT
          HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s)    Mr.Rakesh Kumar, AOR

For Respondent(s)    Ms. Swapurama Chaturvedi, Sr.Adv.
                     Ms. Sarika Pendalwar (Col).
                     Mrs. Seema Bengani, Adv.
                     Mr. Adit Khorana, Adv.
                     Mrs. Shraddha Deshmukh, Adv.
                     Mr. Mukesh Kumar Maroria, AOR

            UPON hearing the counsel the Court made the following
                               O R D E R

1. The application for exemption from filing attested
affidavit, original vakalatnama and welfare stamp is allowed.

2. The Miscellaneous Application is disposed of in terms of
the signed order.

3. As a result, the pending interlocutory applications also
stand disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)
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