LAC VIRENDER CHOUDHARY vs UNION OF INDIA & ORS.

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 10.02.2026 + W.P.(C) 1792/2026 LAC VIRENDER CHOUDHARY ( S.No.-966620-K) .....Petitioner Through: Mr. Durgesh Kumar Sharma, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Syed Abdul Haseeb, CGSC, Ms. Nasreen Khatoon G.P and Wg. Cdr. K Srikanth and Sgt Vikram Kumar CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This petition has been filed challenging the order dated 15.01.2026 passed by the Armed Forces Tribunal in MA No. 188/2026 in O.A. No. 151/2026 which is a determination on the prayer for the interim relief made by the petitioner before the Tribunal. The Tribunal has rejected the grant of interim relief by stating in paragraph nos. 7 to 9 as under:- “7. AND WHEREAS, the above-mentioned averments have been examined visa- vis the available records and the following facts have emerged: - 7.1. That, as per Para 5 (b) of AFO 23 of 2014, an LAC becomes eligible for CPE after having completed three Signature Not Verified Signed By:PRADEEP W.P.(C) 1792/2026 Page 1 of 6 SHARMA Signing Date:12.02.2026 16:16:57 months of stay in the unit. Accordingly, you became eligible to appear in CPE wef Ju1 15. Out of three available chances, you have availed only two chances for clearing of CPE inJan-Jun 18 cycle and Jan-Jun 23 cycle, but failed to clear the same on both occasions. Despite having one more chance, you failed to apply for the same within stipu1ated timeframe (ie before completion of 11 years of service). 7.2. That, as per para 3 of Air HQ/40659/PA (CPC) dated 23 Oct 19, an airman is required to clear CPE before completion of 11 years of service, whereas you failed to apply in the last chance of CPE before completion o