30 October vs The Armed Force Tribunal & Ors
2025 Latest Caselaw 5143 UK

Uttarakhand High Court

30 October vs The Armed Force Tribunal & Ors on 30 October, 2025

                                                      2025:UHC:9566-DB


IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                 AND

  THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY

          Writ Petition Service Bench No. 457 of 2025
                           30 October, 2025


  Govind Singh Rautela                              ----Petitioner

                                 Versus

  The Armed Force Tribunal & Ors.          -----Respondents
  --------------------------------------------------------------
  Presence:-
  Mr. Hari Om Bhakuni and Mr. Kishore Rai, learned counsel for the
  petitioner.
  Mr. Rajesh Sharma, learned Standing Counsel for the Central
  Government.
  --------------------------------------------------------------
  JUDGMENT :

(per Mr. G. Narendar C. J.)

Heard learned counsel for the petitioner and

learned Standing Counsel for the Central Government.

2. The petitioner has sought for the following

relief(s):-

"I. Issue a Writ, Order or direction in the nature of certiorari quashing the impugned order dated 19-05- 2022 passed by the respondent no.1 (contained as Annexure no.7 to this writ petition).

II. Issue a Writ, Order or direction in the nature of mandamus commanding the respondents to grant service pension to the petitioner by adding the services rendered by the petitioner in the State Service Department as Khasra Amin.

III. Pass any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2025:UHC:9566-DB

IV. Award the cost of the writ petition to the Petitioners."

3. Learned Standing Counsel would submit that

the petitioner was dismissed from the Territorial Army

by order dated 08.02.1978 and the instant petition is

preferred seeking for payment of service pension

without there being any challenge to the order of

dismissal.

4. It is nearly half a century since the order of

dismissal was passed and the instant petition praying

for payment of service pension, in our considered

opinion, is highly misconceived. There being no

challenge and the order of dismissal having become

final, the present petition, even otherwise, is hit by

delay and latches.

5. Accordingly, writ petition stands dismissed.

(G. NARENDAR, C. J.)

(SUBHASH UPADHYAY, J.) Dated: 30.10.2025 R/SS