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2025 DAILYLAW 15608 (UTT)

GOVIND SINGH RAUTELA v. THE ARMED FORCE TRIBUNAL

WPSB/457/2025 · 2025-10-30

G Narendar, Subhash Upadhyay

body2025

Judgment text

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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. 1 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 2