Armed Forces Tribunal
Ex JWO Sudesh Chand Sharma vs UOI & Others on 2 February 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
3.
MA(E) 10/2024 in OA 259/2023
Ex JWO Sudesh Chand Sharma
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate
For Respondents
: Mr. Brij Bihari Sharma, Advocat
Gp Capt Bhawna Mehra, OIC Legal Cell, Air Force WO D Srivastava, Legal Cell, Air Force
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
02.02.2026
1. The applicant has filed this Execution Application praying for execution of Order dated 28/8/2023 passed by this Tribunal.
2. We have heard the counsels for the parties and perused the material on record.
3. Perusal of record reveals that vide Order dated 28/8/2023 in OA No 259/2023 filed by the Applicant, this Tribunal has directed the Respondents to grant one notional increment which was due one day after the date of retirement of the applicant subject to verification of qualifying service, in terms of judgment passed by the Hon’ble Supreme Court in this matter.
4. In compliance of Order of this Tribunal, the Respondents have filed compliance report in this regard and submitted that the competent authority, having duly considered the entire facts and circumstances relevant to the case vis- à-vis policies to the effect, found that the applicant has not completed one year
2
of qualifying service since his last annual increment, which was granted on 01/7/2006. Therefore, the applicant is not eligible for grant of one notional increment on 01/1/2007, even if he would have continued in service on 01/1/2007. Decision of the competent authority has also been communicated to the applicant vide letter dated 12/9/2024.
5. In view of the foregoing and since the case of the applicant for grant of one notional increment has already been considered by the competent authority in compliance of the Order passed by this Tribunal, which was also informed to the applicant, nothing remains on the part of the Respondents, rendering this Execution Application infructuous.
6. File be consigned to record.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J) cda/-