Neutral Citation No. - 2025:AHC:110923-DB Chief Justice's Court Case :- WRIT - A No. - 9309 of 2025 Petitioner :- Mooj Nath Giri Respondent :- Union of India and 4 others Counsel for Petitioner :- Vikrant Pratap Singh for Balwant Singh Counsel for Respondent :- A.S.G.I., Srinath Dwivedi Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition is directed against order dated 12.01.2022 passed by Armed Fores Tribunal, Regional Bench, Lucknow whereby the Original Application ('OA') filed by the petitioner has been dismissed. 2. The OA was filed seeking to question the validity of dismissal order dated 20.10.1994 and seeking grant of service pension with all consequential benefits. 3. The petitioner was enrolled in the Army Medical Corps on 31.03.1982 and was granted 30 days' balance of annual leave for the period 06.04.1991 to 05.05.1991. On expiry of the leave, the petitioner did not report for duty and overstayed the leave with effect from 06.05.1991. An apprehension roll was issued to all concerned with intimation to the petitioner's wife and after 30 days, Court of Inquiry was conducted in terms of Section 106 of the Army Act, 1950 ('the Act') which declared him deserter. Since the petitioner was declared as deserter and all concerned were notified on the said aspect and for three years he did not report, by order dated 20.10.1994, the discharge certificate was issued. 4. The claim made is that the petitioner obtained leave due to domestic problems and became insane and could not join the duty after expiry of the leave and that at no stage, the order dated 20.10.1994 was communicated to him. Based on the said claim, the OA was filed seeking setting aside of the order and grant of pension. 5. Submissions were contested by the respondents and the Tribunal, after hearing the parties and looking to the judgments in Capt Virender Singh Vs. Chief of the Army Staff : (1986) 2 SCC 217 and Shish Ram Vs. Union of India & Ors. : (2012) 1 SCC 290, came to the conclusion that the petitioner never approached the respondents after 05.05.1991. Court of Inquiry was held and petitioner was declared deserter and three years thereafter, the order impugned was passed, which was in consonance with the provisions of the Act and the law laid down and consequently, dismissed the OA. 6. Counsel for the petitioner attempted to make submissions questioning the validity of the order, however, from the material available on record, it is apparent that there is absolutely no explanation of petitioner not approaching the respondents for over 28 years since the expiry of his leave on 05.05.1991 and 25 years after the order of discharge dated 20.10.1994 was passed. Even the order impugned was passed on 12.01.2022 and the writ petition has been filed on 03.07.2025, i.e. after three and half years for which no explanation has been furnished and a very lame excuse regarding financial hardship has been indicated, which cannot be countenanced. 7. In view thereof, we do not find any reason to interfere with the order impugned. The petition has no substance, the same is therefore, dismissed. Order Date :- 11.7.2025 AHA/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad