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2026 DAILYLAW 10326 (AP)

KALAGARA RAJ MOHAN v. THE UNION OF INDIA

WP/4282/2024 · 2026-09-17

Balaji Medamalli

body2026

Judgment text

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APHC010077032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 4282 OF 2024 Between: 1. KALAGARA RAJ MOHAN, S/o Late Rambabu, Age. 78 yrs, Occ. Retd. Airmen, R/o Flat No. 1232, Maple Block, Rain Tree Park Apartments, Namburu, Guntur District. ...Petitioner AND 1. THE UNION OF INDIA, Rep. by its Principal Secretary, Ministry of Defence, Room No.227, B-Wing, Sena Bhawan, New Delhi. 2. The Chief of Air Staff, Air Head Quarters (Vayu Bhavan), Rafi Marg, New Delhi. 3. The OfficerinCharge, Pension and Welfare Wing, Air Force Record Office, Subroto Park, New Delhi. 4. The OIC Air HQ, Directorate of Air Veterans, Subroto Park, New Delhi. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ. order or direction more particularly one in the nature of Writ of CERTIORARI calling for the records relating to the O.A.No.07/2022, dt 09.11.2023 on the file of the Armed Forces Tribunal, Regional Bench, Chennai, Circuit Bench at Hyderabad and quash / set aside the same as illegal, contrary to law, unjust, improper and consequently direct the respondent to grant service pension or reservist pension or special pension to the 2 petitioner with all consequential benefits, in the interest of justice and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the Impugned order passed in O.A.No.07/2022, dt: 09.11.2023 on the file of the Armed Forces Tribunal, Regional Bench, Chennai, Circuit Bench at Hyderabad, and direct the respondents to consider the petitioner's claim afresh in the light of the settled rulings of the Apex Court and Tribunals of the land, pending disposal of the main Writ petition and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased this Hon’ble Court may be pleased to direct the respondent to consider my elaborate representation dt: 09.02.2026 in the light of the judgment referred in 14'^^ para in view of my advanced age and inview of the long pendency of the litigation on humanitarian angle and to pass such other order or orders as this Hon’ble Court may deem fir and proper in the circumstances of the case. Counsel for the Petitioner: M L ALI Counsel for the Respondents: Y V ANIL KUMAR (Central Government Counsel) The Court made the following order: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 4282 of 2024 O R D E R 1) The Writ Petition is filed for the following relief: “….to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the O.A.No.07/2022, dt. 09.11.2023 on the file of the Armed Forces Tribunal, Regional Bench, Chennai, Circuit Bench at Hyderabad and quash/set aside the same as illegal, contrary to law, unjust, improper and consequently direct the respondent to grant service pension or reservist pension or special pension to the petitioner with all consequential benefits, in the interest of justice and to pass.…” 2) Learned Counsel appearing for the Petitioner filed I.A. No.1 of 2026, seeking a direction to the Respondents to consider the representation dated 09.02.2026 submitted by the Petitioner and to pass appropriate orders thereon within a stipulated time. 3) Without expressing any opinion on the merits of the matter or on the entitlement of the Petitioner to the relief(s) sought, this Court deems it appropriate to direct the Respondents to consider the representation dated 09.02.2026 submitted by the Petitioner and pass appropriate order(s) thereon, in accordance with law. 4 4) Considering the submissions made by the learned Counsel for the Petitioner, the Petitioner is permitted to submit a copy of the representation dated 09.02.2026, along with a copy of this Order, to the Respondent authorities within a period of two (02) weeks from the date of receipt of a copy of this Order. Upon receipt of the same, the Respondent authorities shall consider the said representation and pass appropriate order(s) thereon, in accordance with law, within a further period of two (02) months and communicate the order(s) so passed to the Petitioner. 5) With the above directions, the Writ Petition is disposed of. 6) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 18.09.2026 SM 5 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION No. 4282 of 2024 Dated: 18.09.2026 SM