CDR A SWAPNA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5455/2021 CDR A SWAPNA .....Petitioner Through: Mr. Santhosh Krishnan and Mr. Ashwin Joseph, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari and Ms. Reba Jena Mishra, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 29.07.2025 C. HARI SHANKAR, J. 1. We have heard learned Counsel for the parties at length on the aspect of maintainability of this writ petition before this Court. 2. The petitioner is the Short Service Commissioned1 lady officer of the Air Traffic Control2 cadre of the Navy. She seeks, by the present petition, a declaration that SSC Officers of the ATC cadre in the Navy are entitled to consideration for permanent commission under the Naval Ceremonial, Conditions of Service and Miscellaneous Regulations, 1963 read with Policy Letter dated 25 February 1999, 1 ―SSC‖, hereinafter 2 ―ATC‖, hereinafter W.P.(C) 5455/2021 Page 1 of 9 Signature Not Verified Signed By:GUNN Signing Date:31.07.2025 11:54:27 issued by the Ministry of Defence. 3. Additionally, the writ petition seeks a declaration that the Naval signals and other communications from the respondents, to the contrary, be held to be illegal. 4. At the time of issuing notice in the present writ petition on 24 May 2021, this Court had noted an objection by learned Counsel for the respondents to the maintainability of the present petition before this Court, as, according to learned Counsel, it would lie before the Armed Forces Tribunal3. 5. In para 10 of the said order, this Court made it clear that, if ultimately it was found that this Court has no jurisdiction, or was not required to exercise jurisdiction under Article 226 of the Constitution