Delhi High Court
Lac R N Bijarniya vs Union Of India & Ors. on 16 November, 2023
$~36 to 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 16.11.2023
+ W.P.(C) 6108/2021
LAC R N BIJARNIYA ..... Petitioner
versus
UNION OF INDIA & ORS. ..... Respondent
+ W.P.(C) 306/2022 & CM APPL. 23886/2023
LAC DEEPAK KUMAR SANODIYA (914065-G) .....Petitioner
Versus
UNION OF INDIA AND OTHERS ..... Respondent
+ W.P.(C) 5912/2022
LAC ARUN KUMAR ..... Petitioner
Versus
UNION OF INDIA & ORS. ..... Respondent
+ W.P.(C) 7269/2022
LAC RAJESH ..... Petitioner
versus
UNION OF INDIA & ORS. ..... Respondent
+ W.P.(C) 12182/2022 & CM APPL. 59115/2023
ASHISH MISHRA & ANR. ..... Petitioner
Signature Not Verified
Digitally Signed W.P.(C) 6108/2021 & CONNECTED MATTERS Page 1 of 3
By:RASHIM KAPOOR
Signing Date:23.11.2023
12:54:15
Versus
UNION OF INDIA & ORS. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Anurag and Mr. Gunmayay S. Mann, Advocates.
Mr. Madhav Bhatia, Mr. Shreshth Arya, Mr. Aditya Pandey and Mr.
Prakash Pandey, Advocates.
Mr. Bharat Singh, Dr. Abhay Upadhaya, Mr.B.P. Vaishnav &
Ms.Birjesh Sharma, Advocates.
Mr. Ajit Kakkar, Advocate.
For the Respondents: Mr. Vikrant N. Goyal and Mr. Nitin Chandra, Advocates.
Mr. Anurag Ahluwalia, CGSC for respondents No.1 to R-7 in W.P. (C)
12182/2022.
Mr. Pavan Narang, Senior Penal Counsel with Mr. Himanshu Sethi and
Ms. Aishwarya Chhabra, Advocate for respondents in W.P. (C)
5912/2022.
Ms. Manisha Agrawal Narain, Mr. Sandeep Singh Somaria and Ms.
Shivangi Gumber, Advocates in W.P. (C) 306/2022.
Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra and Mr. Ashish
Choudhary, Advocate for UOI in W.P. © 7269/2022.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM. APPL. 59115/2023 in W.P. (C) 12182/2022
1. Learned counsel for petitioner submits that petitioner on 26.07.2023
had stated that he was willing for re-mustering. It is pointed out that the
said statement was made without prejudice to his rights and contentions and
without giving up his right to seek discharge in terms of AFI-12/F/48. He
submits that petitioner is being asked to continue for a period of six years
and being asked to give specific declaration that he shall accept further
service of six years and accordingly petitioner does not wish to continue
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:23.11.2023
12:54:15
with his willingness of re-mustering. He accordingly seeks modification of
the said order.
2. Issue notice. Notice is accepted by learned counsel appearing for
respondents.
3. In view of the above statement, the application is allowed.
Statement of the petitioner that he is no longer willing for re-mustering is
taken on record.
W.P.(C) 6108/2021, W.P.(C) 306/2022 & CM APPL. 23886/2023,
W.P.(C) 5912/2022, W.P.(C) 7269/2022 & W.P.(C) 12182/2022
4. In view of the judgment of the Full Bench in W.P. (C) 9139/2019,
Squadron Leader Neelam Chahar Vs. Union of India and Ors. and other
connected matters and since policy decisions are being impugned, the
Armed Forces Tribunal would be competent authority to hear the challenge
as raised in these petitions.
5. Accordingly, all these petitions are transferred to the Armed Forces
Tribunal, Principal Bench for adjudication. Registry shall transmit the
records to the Tribunal.
6. Petitions shall be listed before the Tribunal on 09.01.2024.
7. Dasti under signature of the Court Master.
SANJEEV SACHDEVA, J
NOVEMBER 16, 2023/NA MANOJ JAIN, J
Signature Not Verified
By:RASHIM KAPOOR
Signing Date:23.11.2023
12:54:15
