Supreme CourtFull Bench

Union Of India & Ors. vs WG CDR Pooja Thakur

Supreme Court Of India · Decided on 19 February 2019 · Citation: (2019) 02 SC CK 0358

HON’BLE JUDGES
A.K. Sikri, J · S. Abdul Nazeer, J · M.R. Shah, J
ACTS & SECTIONS REFERRED
Armed Forces Tribunal Act, 2007 — Section 31(1)
RESULT
Disposed Of
CASE NUMBER
Civil Appeal Diary No(S). 31036 Of 2017
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Judgment

6 paragraphs · 136 words

Leave to appeal under Section 31(1) of the Armed Forces Tribunal Act, 2007 is granted.

Appeal admitted.

Having regard to the peculiar facts of this case we are of the opinion that the final direction of the Armed Forces Tribunal for granting of Permanent Commission to the respondent need not be interfered with. Order in this behalf shall be passed within one month.

We make it clear that some questions of law which are raised by the appellant are left open. We also make it clear that the impugned judgment of the Armed Forces Tribunal shall not be treated as precedent. The respondent shall not be entitled to back wages.

However, the intervening period shall not be treated as break in service and shall be counted for all other purposes.

The appeal stands disposed of accordingly.