Delhi High Court
Lt. Col. Mansi Gautam vs Union Of India on 20 February, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20.02.2025
+ W.P.(C) 2250/2025
LT. COL. MANSI GAUTAM .....Petitioner
Through: Mr.Rakesh Kumar, Adv.
versus
UNION OF INDIA .....Respondent
Through: Mr.Sushil Kumar Pandey, SPC
with Mr.Vedansh Anand, GP,
Mr.Hemant Mishra, Ms.Richa
Pandey and Ms.Neha Yadav,
Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (ORAL)
CM APPL. 10623/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. This is an application seeking permission to file lengthy
synopsis and list of dates.
3. For the reasons stated in the application, the same is allowed.
4. The application is disposed of.
W.P.(C) 2250/2025 & CM APPL. 10625/2025
5. This petition has been filed by the petitioner, challenging the
Order dated 07.02.2025 passed by the learned Armed Forces Tribunal,
Principal Bench, New Delhi (hereinafter referred to as, 'Tribunal') in
Original Application ('O.A.'). 324/2025 titled Lt Col Mansi Gautam
v. Union of India & Ors. By the Impugned Order, the learned
Tribunal has merely issued notice in the O.A. filed by the petitioner
and has not considered the interim relief prayed for by the petitioner.
6. The learned counsel for the petitioner submits that the
petitioner's claim for consideration for a permanent commission is
covered by the Judgment of the Supreme Court in Lt. Col. Suprita
Chandel v. Union of India, 2024 SCC OnLine SC 3664. He submits
that this aspect has not been considered by the learned Tribunal while
passing the Impugned Order.
7. On the other hand, the learned counsel for the respondents, who
appears on advance notice, submits on instructions that as the
petitioner is to be released from service on 31.03.2025, the
respondents will file their counter affidavit before the learned Tribunal
within one week from today and thereafter the learned Tribunal can
consider the case of the petitioner on merits rather than being
constrained by the consideration of only an interim order.
8. We find the offer made by the respondents to be very fair.
Accordingly, we dispose of this petition by directing the respondents
to file their response to the O.A. filed by the petitioner before the
learned Tribunal, within one week from today.
9. The learned counsel for the petitioner submits that the petitioner
shall file a rejoinder to the reply to be filed by the respondents, within
a period of two days of receipt thereof.
10. The learned Tribunal is requested to consider the O.A. on merits
and to dispose of the same on or before 31.03.2025.
11. The O.A. shall be listed before the learned Tribunal on
06.03.2025. The parties shall appear before the learned Tribunal on
the said date and no further notice of the said date needs to be given to
the parties.
12. We make it clear that we have not expressed any opinion on the
merits of the claim of the petitioner in the present petition.
13. The petition and the pending application are disposed of in the
above terms.
NAVIN CHAWLA, J
SHALINDER KAUR, J
FEBRUARY 20, 2025/sg/SJ
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