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High Court of Jammu and Kashmir · body

2025 DAILYLAW 2663 (JK)

UNION OF INDIA TH ITS SECRETARY TO GOVT. OF INDIA MINISTRY OF DEFENCE v. Ex Sepoy Gulab Chand

WP(C)/659/2025 · 2025-04-21

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 5 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: WP(C) No. 659/2025 CM No. 1571/2025 Union of India and others …Petitioner(s)/Appellant(s) Through: Mr. Vishal Sharma, DSGI. V/s Ex Sepoy Gulab Chand …. Respondent(s) CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER (ORAL 21.04.2025 Learned counsel for the petitioners submits that albeit, analysis of the impugned order indicates that it was passed on the concession made by learned counsel for the petitioners [Union of India and others], for the matter in issue was covered by the decision rendered in OA No. 247/2019 [Harbans Singh (Ex sepoy) Vs. Union of India and others]. However, he submits that per the grounds set out in the petition, the said decision has, in fact, no application on the matter at hand. Therefore, it was/is required to be examined on merits. At any rate, he asserts the observations “and conversion of the discharge of the applicant into dismissal to grant him all consequential benefits from 04.02.1996 onward for life”, could not have been made by the Tribunal, once the matter was disposed of requiring the competent authority to examine the claim of the respondent/applicant and pass appropriate orders. However, having argued the matter at some length, he submits that, for the present, he be permitted to withdraw the petition to enable the petitioners/applicants to move an appropriate application before the Tribunal itself, as regards its concerns/grievances. Dismissed as withdrawn with the liberty prayed for. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu : 21.04.2025 Pawan Chopra Pawan Chopra 2025.04.22 10:31 I attest to the accuracy and integrity of this document