CHANDAN KUMAR vs UNION OF INDIA AND ORS

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3006/2025 CHANDAN KUMAR .....Petitioner Through: Mr. Ankur Chhibber, Mr. Nikunj Arora, Mr. Anshuman Mehrotra, Mr. Arjun Panwar and Ms. Muskaan Dutta, Advs. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Jaswinder Singh, Sr. PC with Sgt. Manish Kumar Singh and Sgt. Mritunjay, Air Force Legal Cell CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 24.03.2025 C.HARI SHANKAR, J. 1. The petitioner, in this writ petition, seeks pro rata pension for the service of 9 years and 1 month rendered by him in the Indian Air Force1. The prayer clause in the writ petition reads thus: “That In light of the submissions made hereinabove, the petitioner most humbly prays before this Hon'ble Court to kindly: i. Issue a Writ of Certiorari for quashing of letter dated 09.01.2025 whereby Petitioner's representation dated 06.12.2024 seeking pro-rata pension for his 9 years and 1 month of Service was rejected; and ii. Issue a Writ of Mandamus directing the Respondent to condone the shortfall of II months in service of the Petitioner in 1 “IAF”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 3006/2025 Page 1 of 7 KUMAR Signing Date:25.03.2025 19:32:37 terms of Respondents' order dated 14.08.2001 and grant Pro-Rata Pension to the petitioner accordingly w.e.f. date of his discharge alongwith arrears; and (iii) Pass any such orders as the Hon’ble Court may deem fit in the light of above mentioned facts and circumstances of the case.” 2. Mr. Jaswinder Singh, learned Senior Panel Counsel for the respondents raised a preliminary objection to the entertainment of this writ petition by this Court, as, according to him, the lis was amenable to adjudication by the Armed Forc