$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10402/2026 & CM APPL. 48241/2026 (Exemption) GP CAPT JS AHLUWALIA RETD .....Petitioner Through: Ms. Shruti Rawat and Ms. Shruti Limbu, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Akshat Agrawal, SPC with Mr. Raj Karn and Mr. Dev Pratap Shahi, GP. Mr. Farman Ali, CGSC with Ms. Usha Jamnal and Ms. Tanya, Advocates. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.07.2026 1. Against the recovery order passed post superannuation of the petitioner from the services, the petitioner approached before the learned AFT which led to passing of order dated 14th May, 2026, which is the subject matter of challenge in the present petition. 2. Learned counsel for the petitioner strenuously urged that the petitioner sought quashing of the order of recovery of Rs. 9,54,064/-, which were under two heads, viz Rs. 8,50,694/- on account of training allowance, whereas, Rs. 1,03,370/- on account of fixation of pay of the petitioner on acting rank of Group Captain. 3. Learned counsel for the petitioner submits that it is a settled position of law that post superannuation, the recovery cannot be effected, and as such the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:32:17 learned AFT had erred in not granting the relief of stay to the entire recovery, though, it has granted stay to the recovery of Rs. 8,50,694/-, which was towards the training allowance. 4. As such, it is urged that the impugned order be modified, thereby directing stay to the entire recovery. 5. As against the above, the learned counsel for the respondents, on instructions, states that post order of stay by the learned tribunal on 14th May, 2026, the recovery to the extent of Rs. 8,50,694/- stood stayed, whereas, the balance recovery of Rs. 1,03,370/- towards the fixation of pay of the petitioner has already stood recovered, for want of interim protection and as such, the petition has been rendered infructuous. 6. While countering the same, the learned counsel for the petitioner states that: a. The pensionary benefits of the petitioner be released, as the petitioner is willing to give an undertaking, and; b. As far as the recovery is effected, the same be made subject to the outcome. 7. We are conscious of the fact that such relief can be claimed by the petitioner before the learned AFT, as the petitioner has approached this Court against the interim order dated 14th May, 2026, and the Original Application is already pending with the learned AFT. 8. However, it will be appropriate to clarify that, all the steps taken by the respondents during the course of pendency before the learned AFT, shall be subject to the final outcome of the original application. 9. As requested by learned counsel for the respondents, it shall be open for them to state before the learned AFT, as to the head under which the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:32:17 aforesaid recoveries were made and adjusted. 10. The petition is accordingly disposed of as infructuous. 11. Pending application(s), if any, also stands disposed of. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J JULY 28, 2026/bsr/db This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:32:17