WRIT - A No. 9413 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:49297-DB Court No. - 1 Case :- WRIT - A No. - 9413 of 2025 Petitioner :- No. 4088072-H Ex Rifleman Sunder Singh Of 12 Garhwal Fifles C/O-56 Apo Respondent :- U.O.I. Thru. Secy.Ministry Of Defence New Delhi And 5 Others Counsel for Petitioner :- Sudhir Kumar Singh,Abhishek Singh Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. 1. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Counsel & D.S.G.I. assisted by Sri Varun Pandey, learned counsel for the opposite parties. 2. After hearing the parties what comes out is that the petitioner was employed as a Sepoy in the Indian Army on 23.09.2003. While working as such, he absented himself from 09.04.2005 till 08.05.2017, a fact which is not in dispute. In pursuance to an order dated 14.02.2017 passed by Armed Forces Tribunal, Regional Bench, Lucknow in O.A. No.137 of 2014, he was reinstated in service notionally w.e.f. 06.04.2015. However, it is not in dispute that the petitioner was never paid pay and allowances for the said period of absence. In fact, it appears that the said period was never regularized as extraordinary leave with pay and al