Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 6731 (JK)

YAMIN SHAH v. UNION OF INDIA AND ORS. (DEFENCE)

WP(C)/643/2025 · 2025-03-24

Mohd Yousuf Wani, Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 643/2025 CM No. 1595/2025 Yamin Shah ….. Appellant (s) Through: Ms. Saima Mehboob, Adv. V/s Union of India and Ors. ….. Respondent(s) Through: Mr. T M Shamshi, DSGI with Mr. Faizan, CGC Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge. Hon’ble Mr. Justice Mohd Yousuf Wani, Judge ORDER 24.03.2025 1. Issue notice to the respondents. 2. Mr. T M Shamshi, learned DSGI enters appearance and accepts notice on behalf of the respondents. 3. Heard learned counsel for the parties. 4. The petitioner was discharged from his services vide order dated 20.10.1979 and thereafter the petitioner submitted various representations including the one submitted in the year 1982 as mentioned in the reply filed by the respondents. The said representation was suitably replied by the respondents. Thereafter, the petitioner submitted another representation dated 08.08.2009 P a g e | 2 WP(C) No. 643/2025 CM No. 1595/2025 which also stands replied vide communication dated 21.09.2009. The petitioner thereafter filed writ petition in the year 2015 against the order of discharge dated 20.10.1979, which was subsequently transferred to Armed Forces Tribunal. 5. The petitioner has filed this petition for quashing of order dated 08.10.2024 whereby the application (writ petition transferred to the Armed Forces Tribunal) was dismissed by the Armed Forces Tribunal by holding that it was belated. 6. After examining the order passed by the learned Armed Forces Tribunal, we do not find any reason to take a view contrary to the one taken by the learned Armed Forces Tribunal. The petitioner admittedly had filed the writ petition in the year 2015 i.e, after a lapse of more than 36 years of his discharge. Accordingly, the present petition is found to be misconceived and is accordingly dismissed. ((Mohd Yousuf Wani) (Rajnesh Oswal) Judge Judge SRINAGAR 24.03.2025 Aasif