Research › Browse › Judgment

Supreme Court of India · body

2024 DIGILAW 1406 (SC)

Lt. Col. Rita Taneja v. Union of India

2024-12-20

SURYA KANT, UJJAL BHUYAN

body2024
ORDER : 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 and Others vs. Union of India and Others. 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 Selection Board No. 3 and was given Staff Appointment on the basis of her current medical status- permanent low medical category. 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. 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. 10. As a result, the pending interlocutory applications also stand disposed of.