UNION OF INDIA & ORS. vs CAPT MUNISH CHAUDHARY

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 09.04.2026 + LPA 705/2023 UNION OF INDIA & ORS. .....Appellants Through: Mr. Abhishek Gupta, CGSC, Mr. Kumar Kartikeya, Mr. Chanakya Kene and Mr. Dhananjay Singh, Advs. versus CAPT MUNISH CHAUDHARY .....Respondent Through: Mr. Naresh Kaushik, Sr. Adv. with Mr. Pushpendra Kumar Dhaka, Mr. Abhishek Kumar and Mr. A K Singh, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This Intra-Court appeal has been filed by the appellants challenging the order dated 23.03.2022 passed by the learned Single Judge whereby the learned Single Judge has allowed the writ petition filed by the respondent herein by stating in paragraph 2 onwards as under:- “2. The present petition has been filed by the Petitioner - Capt. Munish Chaudhary (Retd.) seeking quashing of the order dated 23rd March 2022 issued by the Respondent No.3 - Director General Resettlement, West Block IV RK Puram, New Delhi as also consider the case of the Petitioner as per the Office Signature Not Verified Signed By:PRADEEP LPA 705/2023 Page 1 of 10 SHARMA Signing Date:15.04.2026 11:40:46 Memorandum (OM), 2006 titled Instructions for functioning of DGR empanelled ex-servicemen security' safety' and fire protection management agencies issued by the Respondent No.2 (hereinafter, "OM, 2006”) and not subject him under the OM, 2018 or OM, 2021. 3. The Petitioner was released from the Army on 1st December, 2003. In order to enable the rehabilitation of such persons, the OM. 2006 was issued, as per which such retired personnel could be empanelled for rendering security services. The said OM was subsequently amended on 9th July, 2012 by which retirement age of 60 years was fixed. 4. The ca