DR VIRENDER BABORIA vs UNION OF INDIA AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 29.04.2026 Judgment pronounced on: 16.05.2026 + W.P.(C) 248/2025, CM APPL. 1175/2025, CM APPL. 32128/2025, CM APPL. 33881/2025 & CM APPL. 28523/2026 DR VIRENDER BABORIA .....Appellant Through: Mr. S N Pandey & Ms. Poonam, Advs. versus UNION OF INDIA AND ANR .....Respondents Through: Dr. Vijendra Singh Mahndiyan, CGSC with Mr. Rudra Paliwal, GP CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT AMIT MAHAJAN, J. 1. This petition has been filed challenging the Order dated 05.11.2024 passed by Respondent No.1 and Order dated 06.12.2024 passed by Respondent No.2 (hereinafter ‘impugned orders’), by which the Petitioner was sought to be pre- maturely retired in terms of FR- 56(j) and Rule 42 read with 34 of CCS (Pension) Rules, 2001. 2. Briefly stated, the Petitioner is currently serving as the Commandant (NFSG)/(CMO) at 43rd Battalion of Assam Rifles, Dimapur, Nagaland. The Petitioner’s service record was subjected to review upon his attaining 50 years of age under FR 56(j). Based on the service review conducted by the competent authorities and Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 248/2025 Signing Date:16.05.2026 Page 1 of 12 15:40:42 recommendations of the Screening Committee and Review Committee, the Ministry of Home Affairs ordered the Petitioner’s premature retirement vide the impugned orders. 3. Aggrieved, the Petitioner has filed the present writ petition challenging the said orders. 4. The Petitioner had also made a representation before the authorities dated 07.01.2025 for review of his case, however, the same has been kept pending on account of a stay order granted by this Court vide order dated 13.01.2025. 5. The learned counsel for the Petitione