EX-CPL SURENDRA KUMAR TRIPATHI vs UNION OF INDIA THR THE SECRETARY MINISTRY OF DEFENCE AND ORS

Judgment text excerpt

Digitally signed by GAURI AMIT 904.WP-1562-2024.odt GAURI GAEKWAD AMIT Date: GAEKWAD 2025.02.11 19:08:50 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1562 OF 2024 Ex-CPL Surendra Kumar Tripathi ) Resident of 1E-601, Laxmi Park, ) Kanchangaon, Thakurli, P.O. Tilak Nagar, ) Dombivalli District : Thane – 421 201 ) ….Petitioner V/s. 1. Union of India ) Through The Secretary, ) Ministry of Defence, ) South Block, New Delhi – 110 011 ) 2. Chief of the Air Staff, ) Air Head Quarters, ) Vayu Sena Bhavan, ) New Delhi – 110 011 ) 3. Joint Controller of Defence Accounts, ) (Air Force), Subroto Park, ) New Delhi – 110 011 ) 4. Armed Forces Tribunal ) 7th Floor, MTNL Building, ) AG Bell Road, Malabar Hill, ) Mumbai – 400 006 ) ….Respondents ---- Mr. Surendra Kumar Tripathi, Petitioner present in person. Ms. Anamika Malhotra a/w. Adv. Mainak Adhikary for the Respondents. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 5th FEBRUARY, 2025 ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.) : 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. Gauri Gaekwad 1 of 12 904.WP-1562-2024.odt 2. The Petitioner seeks to challenge the judgment dated 12th September, 2023 delivered by the learned Armed Forces Tribunal, Regional Bench, Mumbai. Vide the said judgment, the claim of the Petitioner for pro-rata pension has been refused. 3. In this context, the Petitioner has put forth prayer clauses (a), (b) and (c), as under : (a) To Call for the records and proceedings pertaining to OA No.129/2022 from Ld. AFT Mumbai. (b) issue an appropriate writ of certiorari or any other writ, order or direction in the nature of certiorari quashing and setting aside the impugned order EX – A. (c) issue a writ of mandamus or an