LT COL BADAL CHANDRA ROY RETD vs UNION OF INDIA & ORS.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6657/2025 LT COL BADAL CHANDRA ROY RETD .....Petitioner Through: Mr. Gandharv Kumar Jha, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Dr. Vijendra Singh Mahndiyan, CGSC, Anubhav Tyagi with Major Anish Muralidhar, Army CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 19.05.2025 C. HARI SHANKAR, J. 1. The petitioner is an officer of Army. He seeks disability pension. 2. Dr. Mahndiyan, learned Counsel for the Union of India, advances a preliminary objection that this writ petition is not maintainable as the jurisdiction in this case would lie before the Armed Forces Tribunal1. 3. Mr. Gandharv Kumar Jha, learned Counsel for the petitioner prays that he may be permitted to prosecute this writ petition before the AFT treating it as an original application. 1 “AFT” hereinafter Signature Not Verified Digitally Signed By:AJIT KUMAR WP(C) 6657/2025 Page 1 of 2 Signing Date:21.05.2025 10:34:48 4. Accordingly, we permit the petitioner to present the writ petition before the AFT. 5. We request the AFT to treat it as an Original Application and deal with it in accordance with law. 6. The Registry is directed to return the papers of this writ petition to the petitioner so that they could be presented before the learned AFT. 7. The writ petition is accordingly disposed of. C. HARI SHANKAR, J. AJAY DIGPAUL, J. MAY 19, 2025 dsn Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AJIT KUMAR WP(C) 6657/2025 Page 2 of 2 Signing Date:21.05.2025 10:34:48