Petition seeking arrears of pro-rata pension and quashing of a restrictive clause in a Ministry of Defence policy was disposed of, as claims regarding service matters lie before the Armed Forces Tribunal; petitioner granted liberty to approach the Tribunal.
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$~52
Through: Ms. Pallavi Awasthi, Adv. a/w Ms. Shweta Shandilya, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents Through: Mr. Hemant Kumar Yadav, SPC for UOI
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 05.02.2024
CM APPL. 6802/2024
Allowed, subject to just exceptions.
Application disposed of.
W.P.(C) 1652/2024
prayers:-
“(i) To declare the Para 9 as embodied in the policy No.1(4)/2007/D(Pen/Policy)/Vol-II dated 04.11.2022 by Government of India, Ministry of Defence as unconstitutional, ultra-virus, void, illegal, arbitrary, unreasonable, discriminatory and unsustainable in the eyes of law and hence of no effect as the same restricts the arrears of the pro-rata pension from the date of issuance of policy i.e. 04.11.2022 which is contrary to the directions passed by this Hon’ble Court in catena of judgments wherein the arrears of pro-rata pension have been given to the similarly situated persons from the date
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:38:26
of their discharge.
(ii) By issuing a writ in the nature of mandamus by directing the respondent to grant arrears of pro-rata pension to the petitioner herein from the date of his discharge with all consequential benefits alongwith an interest @14% in terms of judgment dated 09.01.2019 in WP(C) No.10026/2016, judgment/order dated 08.02.2021, judgment/orders dated 12.07.2021, 21.01.2022, 03.02.2022, 28.03.2022, 08.07.2022, 27.07.2023 and 15.01.2024 passed by this Hon'ble Court. (iii) And/ or pass any other order/ direction which may be deemed fit and proper in the interest of justice to the petitioner.”
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
FEBRUARY 5, 2024 /ds
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:38:26
1 issue framed by the court
Whether the High Court can entertain a claim for arrears of pro-rata pension when such service matters fall within the Armed Forces Tribunal's jurisdiction under Section 3(o).
1 provisions across 1 enactments
ROSHAN LAL DHULL
UNION OF INDIA & ORS.
V. KAMESWAR RAO
SAURABH BANERJEE
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
