NO. 736483T EX CPL. RAM KRIPAL PANDEY v. UNION OF INDIA THRU. SECY. MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI AND 3 OTHERS
WRIA/1590/2025 · 2025-02-11
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121261 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121261 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8766-DB Court No. - 1 Case :- WRIT - A No. - 1590 of 2025 Petitioner :- No. 736483t Ex Cpl. Ram Kripal Pandey Respondent :- Union Of India Thru. Secy. Ministry Of Defence South Block New Delhi And 3 Others Counsel for Petitioner :- Vijay Kumar Pandey,Dheerendra Kr. Agnihotri,Vishnu Kant Awasthi Counsel for Respondent :- A.S.G.I. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard learned counsel for the petitioner and learned Deputy Solicitor General of India assisted by Sri Varun Pandey for union of India. The petitioner has approached this Court assailing the
judgment/ order passed by the Armed Forces Tribunal, Regional Bench, Lucknow in Original Application No. 834 of 2021 whereby the second O.A. instituted by the petitioner has come to be rejected as bereft of any merit calling for no interference. Briefly noted, the facts of the case are that the petitioner whose services became no longer required in the Air Force was discharged from service in the background of his proficiency record. The petitioner feeling aggrieved against such an order approached the Tribunal with the institution of O.A. No. 252 of
2010. The impugned order passed in the subsequent O.A. reveals that the prayer made in the previous O.A. was confined to certain corrections in the discharge book by amending column no. 15 & 20 of assessment of character and trade proficiency. The relief to that extent was granted to the petitioner. No other prayer was either made or pressed at that stage by the petitioner. At a later stage that too after about 10 years, a subsequent original application came to be instituted before the Armed Forces Tribunal, Lucknow Bench, Lucknow reiterating the previous relief coupled with the prayer for payment of compensation towards mental and physical harassment to the tune of Rs. 15,72,00,000/- along with interest with effect from 14.06.2006. The Tribunal having heard the parties in the light of the averments and reply has clearly recorded that the petitioner had failed to place anything on the record to show that the opportunity of civil employment for he being ex-serviceman stood affected on account of such a remark or ground on the basis of which he was discharged from
service. Even otherwise claim for damages on such a ground, it is too doubtful that the same may emanate as a condition of service particularly when the parent order passed in the earlier O.A. No. 252 of 2010 has attained finality. The Tribunal has dealt with the matter exhaustively and the findings recorded by the Tribunal in our humble consideration do not warrant any interference on the grounds urged before us. The writ petition bereft of any merit is accordingly rejected.
Order Date :- 11.2.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench