1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2023 (@ Diary No. 10244/2017) EX. NO. 2865013 Y HAVILDAR SAHIB SINGH (RETD.) ..... APPELLANT(S) VERSUS UNION OF INDIA & ORS. ..... RESPONDENT(S) O R D E R Leave to appeal is granted. Having heard the learned counsel for the parties, we agree with the view expressed in the judgment dated 17.10.2016 by the Armed Forces Tribunal, Regional Bench, Lucknow, Uttar Pradesh in Original Application no. 62/2016, that the appellant – Havildar Sahib Singh (Retd.) is entitled to the benefit of rounding off at the rate of 50% for the computation of the disability pension. On the question of arrears to be paid, we would follow the judgment of this Court in Union of India & Ors. vs. Tarsem Singh 1 , with modification in terms of the power exercised under Article 142 of the Constitution. In the present case, the appellant - Havildar Sahib Singh (Retd.) had made a representation dated 06.06.2013, which was 1 (2008) 8 SCC 648
2 dismissed/rejected vide order dated 14.06.2013. The appellant - Havildar Sahib Singh (Retd.) had, thereupon, preferred Original Application No. 62/2016, which, as noted above, has been allowed vide judgment dated 17.10.2016. However, the arrears have been restricted to a period of three years from the date of filing of the original application on 11.01.2016. As the appellant - Havildar Sahib Singh (Retd.) had made the representation on 06.06.2013, which was rejected on 14.06.2013 and the proceedings were initiated within the limitation period thereafter, we are of the opinion that the appellant should be paid arrears for a period of three years prior to the date of filing the representation. We have passed this direction exercising our power under Article 142 of the Constitution of India, keeping in mind the age of the appellant - Havildar Sahib Singh (Retd.) and his monetary resources. Accordingly, arrears towards disability pension, by rounding off at the rate of 50%, would be payable to the appellant - Havildar Sahib Singh (Retd.) with effect from 01.06.2010. The arrears will be paid within a period of three months from today, failing which, the respondents would be liable to pay interest at the rate of 8% per annum from the date of this order till the date of actual payment. The impugned judgment(s)/order(s) dated 17.10.2016 in O.A. No. 62/2016, 08.12.2016 in M.A. No. 2622/2016 with Review Application No. 111/2016 in re: O.A. No. 62/2016, and 20.12.2016 in M.A. No. 2718/2016 with M.A. No. 2719/2016 in re: O.A. No. 62/2016 are partly set aside and modified, and the appeals are allowed in
3 the aforesaid terms. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI; MAY 19, 2023.
4 ITEM NO.15 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL DIARY No. 10244/2017 (Arising out of impugned final judgment and order dated 17.10.2016 in O.A. No. 62/2016, 08.12.2016 in M.A. No. 2622/2016 with Review Application No. 111/2016 in re: O.A. No. 62/2016, and 20.12.2016 in M.A. No. 2718/2016 with M.A. No. 2719/2016 in re: O.A. No. 62/2016 ) EX. NO. 2865013 Y HAVILDAR SAHIB SINGH (RETD.) ..... APPELLANT(S) VERSUS UNION OF INDIA & ORS. ..... RESPONDENT(S) Date : 19-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Ms. Purnima Jauhari, Adv. Dr. Brij Bhushan K. Jauhari, Adv. Mr. Harsh Mahan, Adv. Mr. Abhishek Gautam, AOR For Respondent(s) Mr. Sanjay Jain, A.S.G. (N/P) Mr. R. Bala, Sr. Adv. Mr. Anmol Chandan, Adv. Mr. Rajan Kumar Chourasia, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Leave to appeal is granted. The appeals are allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)
ITEM NO.44 COURT NO.11 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS C.A. No. D. 10244/2017 (Arising out of impugned final judgment and order dated 17-10- 2016 in OA No. 62/2016 08-12-2016 in RA No. 111/2016 08-12-2016 in OA No. 62/2016 20-12-2016 in MA No. 2719/2016 20-12-2016 in OA No. 62/2016 passed by the ) EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 29-11-2019 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Ms. Purnima Jauhari, Adv. Dr. Brij Bhushan K. Jauhari, Adv. Mr. Ashok Vashishth, Adv. Mr. Abhishek Gautam, AOR For Respondent(s) Mr. Anmol Chandan, Adv. Mr. M.P. Gupta, Adv. Mr. Rajan Kumar Chaurasia, Adv. Mr. Arvind Kr. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R List the matter after four weeks, as prayed. (GEETA AHUJA) (ANAND PRAKASH) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.31 COURT NO.9 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS C.A. No. Dy. No. 10244/2017 (Arising out of impugned final judgment and order dated 17-10-2016 in OA No.62/2016 08-12-2016 in RA No.111/2016 08-12-2016 in OA No.62/2016 20-12-2016 in MA No.2719/2016 20-12-2016 in OA No.62/2016 passed by the Armed Forces Tribunal, Regional Bench Lucknow, UP) EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 27-09-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Ms. Purnima Jauhari,Adv. Dr. Brij Bhushan K. Jauhari,Adv. Mr. Harsh Mahan,Adv. Mr. Abhishek Gautam, AOR For Respondent(s) Mr. Sanjay Jain,ASG Mr. Mohan Prasad Gupta,Adv. Mr. Anmol Chandan,Adv. Mr. R.K.Chaurasia,Adv. Mr. Arvind Kumar Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R List after two weeks. (B.Parvathi) (Sunil Kumar Rajvanshi) Court Master Court Master
ITEM NO.9 COURT NO.9 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS C.A. /2009 Dy. No.10244/2017 (Arising out of impugned final judgment and order dated 17-10-2016 in OA No. 62/2016 08-12-2016 in RA No. 111/2016 08-12-2016 in OA No. 62/2016 20-12-2016 in MA No. 2719/2016 20-12-2016 in OA No. 62/2016 passed by the ) EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 18-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Abhishek Gautam, AOR For Respondent(s) Mr. Anmol Chandan,Adv. Mr. M.P.Gupta,Adv. Mr. Arvind Kumar Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R As prayed, list next week. (B.Parvathi) (Sunil Kumar Rajvanshi) Court Master Court Master
ITEM NO.33 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Civil Appeal No(s). 010244-010244/2017 EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 05-07-2018 This appeal was called on for hearing today. For Appellant(s) Mr. Rahul Trivedi, Adv. Mr. Abhishek Gautam, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the petitioner submitted that they have filed new vakalatnama. Be taken on record. Service is complete on respondent Nos.1 to 3 and 5 but none has entered appearance. Respondent No.4 has already been deleted vide order dated 26.3.2018. Registry to process the matter for listing before the Hon'ble Court, as per rules. KAPIL MEHTA Registrar 5.7.2018 rd
ITEM NO.28 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 10244/2017 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 26-03-2018 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL [IN CHAMBERS] For Appellant(s) Mr. Rashid V., Adv. Mr. Prabodh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Four weeks' time, as a last opportunity, is granted to learned counsel for the appellant to take fresh steps for effecting service on respondent no.4, failing which the said respondent shall stand struck off from the array of parties, at the risk of the appellant. As prayed for, fresh vakalatnama be filed within the same period. (SONALI SAUND) (SUMAN JAIN) SENIOR PERSONAL ASSISTANT COURT MASTER
ITEM NO.18 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Civil Appeal No(s).010244-010244/2017 EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 06-03-2018 This appeal was called on for hearing today. For Appellant(s) Mr Raahul Trivedi, Adv. Mr. Prabodh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent nos. 1 to 3 but none has entered appearance. Ld. Counsel for the petitioner has failed to take fresh steps in respect of respondent no.4 despite last opportunity having been granted, as such, registry to process the matter for listing before the Hon'ble Judge in Chambers for further directions. KAPIL MEHTA Registrar 06.03.2018 hj
ITEM NO.30 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Civil Appeal No(s). 010244-010244/2017 EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 09-01-2018 This appeal was called on for hearing today. For Appellant(s) Mr. Prabodh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Respondent Nos.1 to 3 have been served but no one has entered appearance. Last and final opportunity is granted to the Ld. Counsel for the petitioner for taking fresh steps for service of respondent No.4 within two weeks. Notice thereafter be issued. List again on 6.3.2018. KAPIL MEHTA Registrar 09.1.2018 rd
ITEM NO.51 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAMKUMAR CHOUBEY Civil Appeal No(s). 010244-010244/2017 EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 06-11-2017 This appeal was called on for hearing today. For Appellant(s) Mr. Ram Shiromani Yadav, Adv. Mr. Prabodh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the petitioner to take fresh steps for service of respondent No.4 within two weeks. Notice thereafter be issued. List again on 9.1.2018. RAMKUMAR CHOUBEY Registrar
ITEM NO.57 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL Civil Appeal Dy. No(s). 010244-010244/2017 EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 19-09-2017 This appeal was called on for hearing today. For Appellant(s) Mr. Rahul Trivedi,Adv. Mr. Prabodh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Respondent Nos. 1 to 3 and 5 have been served but no one has entered appearance. Await service/track report in respect of respondent No. 4. List again on 31 st of October, 2017. RAJESH KUMAR GOEL Registrar
ITEM NO.22 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.10244-10244/2017 EX. NO 2865013 Y HAVILDAR SAHIB SINGH (RETD) Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 31-07-2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Appellant(s) Mr. Prabodh Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar