Dismissed¶27

Lt. Col. Badal Chandra Roy (Retd.) v. Union of India & Ors.

Delhi HC27 Jul 2026W.P.(C)/10253/2026

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A bare claim of violation of Article 14 of the Constitution of India cannot lead to the conclusion that the petitioner's application before the Tribunal should be heard by bypassing the queue. ¶24

Lt. Col. Badal Chandra Roy (Retd.) Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

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$~70

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10253/2026

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LT. COL. BADAL CHANDRA ROY (RETD.) .....Petitioner Through: Mr. Gandharv Kumar Jha, Ms. Sunidhi Pandey, Advs., through Vc.

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versus

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UNION OF INDIA & ORS. .....Respondent

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Through: Mr Premtosh K Mishra CGSC, Mr Anubhav Upadhyay Adv., Mr. Jitendra Kumar Tripathi and Mr. Premtosh Mishra, GPs. Major Anish Muralidhar, Army & Capt Himanshu Tyagi, Army, For UOI.

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CORAM:

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HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 27.07.2026

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CM APPL. 47497/2026 – EXMP. FROM FILING CERTIFIED COPIES

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Allowed, subject to all just exceptions. This application is disposed of. W.P.(C) 10253/2026

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A battle casualty certificate by the competent authority was issued to the petitioner on 1^st October, 2004 and a similar certificate was issued to one Havaldar Santosh Choudary to whom the War Injury Pension was granted on 1^st December, 2021.

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It is the case of the petitioner that he is entitled for the similar relief

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This is a digitally signed order.

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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 30/07/2026 at 15:33:47

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post his superannuation on 31^st July, 2024.

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The proceedings taken on before the Armed Forces Tribunal are still pending, and the request of the petitioner for grant of early hearing is rejected in the matter.

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It is the contention of the petitioner that there is violation of Article 14 of the Constitution of India which amounts to the denial of petitioner’s fundamental rights and in such an eventuality, the Armed Forces Tribunal should act sensitively by taking up the matter expeditiously for hearing.

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According to him, just because the old matters are pending, that by itself cannot be a reason for denying the opportunity of early hearing to the petitioner.

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Learned counsel for the respondent, in response to the above, states that the Court in the given state of circumstances may pass an appropriate order in the matter.

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At this stage, we have given an option to the learned counsel for the petitioner to withdraw the petition and approach the Tribunal; however, the counsel is not willing to exercise the same.

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The fact remains that the petitioner suffered injury, and a certificate to that effect was issued way back and, so also, he has superannuated in 2024. 10. It is after lapse of certain period; the petitioner has approached the Tribunal and is seeking expeditious hearing that too when the matters which were filed prior in point of time are already in waiting and are in queue.

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Just because the petitioner claims that there is violation of Article 14 of the Constitution of India that by itself cannot lead to drawing a conclusion that the petitioner’s application before the Tribunal should be heard by bypassing the queue.

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This is a digitally signed order.

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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 30/07/2026 at 15:33:47

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There is no reason for passing such an order to grant expeditious hearing in the matter. That being so, in our opinion, the petition lacks merits and stands dismissed.

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The present petition is disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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NITIN WASUDEO SAMBRE, J

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AMIT SHARMA, J

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JULY 27, 2026/ kr

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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 30/07/2026 at 15:33:47

Lt. Col. Badal Chandra Roy (Retd.) v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Lt. Col. Badal Chandra Roy (Retd.) v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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