Ex Cpl Pratap Jampala v. Union Of India And ORS

$~71 to 75 & 96-97 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 6300/2021 EX CPL PRATAP JAMPALA Mr. Baljeet Singh, Ms. Deepika Sheoran, Mr. Ashish Sheoran, Mr. Abhishek Gahlyan, Advs.

UNION OF INDIA AND ORS .....Respondents Mr. Balendu Shekhar CGSC with Mr. Krishna Chaitanya Mr Rajkumar Maurya and Mr Divyansh Singh, Advs.

Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force, For Union of India W.P.(C) 11129/2021 SATYA PRAKASH ANAND, EX CPL 791565-R Ms Pallavi Awasthi, Adv.

UNION OF INDIA & ORS.

.....Respondents Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force, For Union of India W.P.(C) 10125/2022 ANAND KUMAR SINGH, EX CPL 762051-R ....Petitioner Ms. Pallavi Awasthi, Adv.

UNION OF INDIA & ORS.

.....Respondents Mr. Rajesh Kumar, SPC with Ms Pragya Yadav and Mr Yash Narain,

Advs.

W.P.(C) 10639/2022 ARUN KISHORE, EX CPL 772454-F Ms Pallavi Awasthi, Adv.

UNION OF INDIA & ORS.

.....Respondents Mr. Vedansh Anand, SPC with Mr. Kush Garg, Advs.

Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force, For Union of India W.P.(C) 5990/2022 GHAN SHYAM DAS Ms Pallavi Awasthi, Adv.

UNION OF INDIA AND ORS.

.....Respondents Mr.

NK Aggarwal, Senior Panel Counsel Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force, For Union of India W.P.(C) 10222/2022 DEW NARAYAN, (EX. CPL 761663-H) Ms Pallavi Awasthi, Adv.

UNION OF INDIA & ORS.

.....Respondents Ms. Shagun Shahi Chugh, SPC Mr. Varun Chugh (SPC); Ms. Kavya Roy Choudhury, Advocates Sgt Manish Kumar Singh and Sgt Mritunjay, DAV Legal Cell Air Force, For Union of India

W.P.(C) 10987/2024 AJAYA KUMAR BEHERA Mr. Rajesh Kumar Gautam, Mr.

Deepanjal Choudhary, Mr. Azal Aekram and Mr. Likivi Jakhalu, Advs.

UNION OF INDIA REPRESENTED THROUGH THE CHIEF OF THE AIR STAFF .....Respondent Mr. Vedansh Anand, SPC with Mr. Kush Garg, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 04.12.2025 C. HARI SHANKAR, J.

1.

Mr. Balendu Shekhar, learned CGSC for Union of India, points out that the lis in these writ petitions is amenable to adjudication by AFT.

2.

While learned Counsel for the petitioners do not seriously dispute this contention, it is pointed out that these petitions have been pending since 2021, and relegating the petitioners to the AFT may protract the proceedings. We are, however, bound by the judgment of the Supreme Court in L Chandra Kumar v. Union of India1 and, if the matter is amenable to adjudication by AFT, we are coram non judice, till the AFT takes a view in the matter. 1 (1997) 3 SCC 261

3.

However, we appreciate the concern voiced by the petitioners. 4.

Accordingly, instead of requiring the petitioner to re-approach the AFT, we direct the Registry of this Court to transfer the record of these proceedings to the AFT electronically within two weeks from today.

5.

We also request the AFT to register these writ petitions as appropriate Transferred Applications and proceed on the basis of the record of these writ petitions, treating them as the record of the Tribunal.

6.

As these writ petitions have been pending since 2021 and deal with pensionary benefits, we also request the AFT to grant priority to these matters and decide them as expeditiously as possible. 7.

In order to further expedite matters, we direct learned Counsel for the parties to appear before the learned Tribunal on 22 December 2025.

8.

The entire record of these petitions shall be treated as the record of the AFT and the AFT would proceed further on that basis. C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

DECEMBER 4, 2025/dsn