ANIRUDDHA KAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10101/2025 ANIRUDDHA KAR .....Petitioner Through: Mr. Himanshu Upadhyay and Mr. Nishant Bharihoke, Advs. versus UNION OF INDIA & ORS. .....Respondent Through: Mr. Sandeep Tyagi, SPC with Mr. Tarveen Singh Nanda, GP with Mr. Mritunjay and Mr. Manish Kumar Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.07.2025 C. HARI SHANKAR, J. 1. The prayer clause in this writ petition reads thus: “In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to: a) Issue a Writ of Mandamus certiorari or any another writ/order inter-alia with the direction to the Respondent to consider the case of the petitioner and grant him/them prorate pension from the date of discharge; and/or b) Declare the pre-condition as laid down in policy dated 04.11.2022 for joining CPSE/PSU/Autonomous Bodies for grant of service pension as arbitrary, discriminatory and violative of Article 14 of Constitution of India but also in violation of Arts.16 and 21 of Constitution of India and thereby set aside the said the conditions;” c) Grant the benefit of ECHS (Employee Contributory Health Scheme) to the Petitioner at par with other Ex- Signature Not Verified Digitally Signed By:AJIT KUMAR W.P.(C) 10101/2025 Page 1 of 4 Signing Date:28.07.2025 12:38:52 Servicemen; Pass such other and further orders as this Hon'ble Court may deem fit in the facts of the case and in the interest of justice.” 2. In view of paras 90 and 93 of the Judgment of the Supreme Court in L. Chandra Kumar v UOI1, the Armed Forces Tribunal has the jurisdiction to adjudicate on the vires of any statutory or quasi- statutory legislation except the Armed Forces Trib