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COL. RITA TANEJA v. UNION OF INDIA

Supreme Court of India | Diary 46987/2023

Status

Order

Decided On

2024-12-20

Bench

HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

COL. RITA TANEJA

Respondent

UNION OF INDIA

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Full Judgment Text

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

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

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...

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