Court On Its Own Motion v. Union Of India And ORS

$~42 * IN THE HIGH COURT OF DELHIAT NEW DELHI + CONT.CAS(C) 638/2024 COURT ON ITS OWN MOTION .....Petitioner Through:

versus UNION OF INDIA AND ORS .....Respondents Through:

Ms. Pratima N. Lakra, CGSC with Mr. Chandan Prajapait, Mr. Shalendra Kumar Mishra, Ms. Kanchan Shakya, Mr. Priyam Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 12.09.2025 1.

This hearing has been done through hybrid mode. 2.

The present contempt reference had been received from Principal Registrar, Armed Forces Tribunal ("AFT"), Principal Bench, West BlockVIII, Sector-1, R.K. Puram, New Delhi-110066. 3.

Since the directions passed by the Division Bench of learned AFT vide order dated 16.05.2023 in OA No. 2458/2022 had not been complied with, the present reference was made and contempt petition was registered. 4.

Learned counsel appearing on behalf of the respondent has handed up in the Court today a compliance affidavit filed on behalf of the respondent authored by Commodore, Manmeet S. Khurana dated 10.09.2025, wherein it has been recorded as under: - "4. That it is most respectfully submitted that the department has 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 15/09/2025 at 12:21:22

complied with the judgment dated 16.05.2023 in OA No. 2458/2022.The department has granted notional promotion to Lt. Cdr. S Mishra (40810-Z) (Retd.) and the arrears of dues have been sanctioned to him by the department vide order dated 26.12.2024 (Annexure R1) issued by Directorate of Personnel, Naval Headquarters, Ministry of Defence. Subsequently, PCDA (P), Prayagraj has issued the PPO (Annexure R2) granting pension in the rank of Cdr (TS) and arrears of pension, in compliance of the Hon'ble AFT order dated 16th May 2023.

5. That it is most respectfully submitted that the delay in compliance with the order dated 16.05.2023 passed by the Ld. Armed Forces Tribunal, Principal Bench, New Delhi in OA No. 2458/2022, occurred due to the multiple stages involved in the implementation process. Since the matter pertained to promotion and payment of arrears, the department was required to thoroughly scrutinize the service records and obtain necessary approvals and concurrence from various competent authorities. This multilayered process necessitated considerable time, which inadvertently led to the delay. The Respondents tender an unconditional and unqualified apology for the same.

6. That in view of the above facts and circumstances as also in view of order dated 26.12.2024 issued by the department and the PPO issued subsequently in compliance of the direction of the Hon'ble AFT, Principal Bench the respondents prays the Hon'ble Court to kindly close the present contempt proceedings as there has been complete compliance to the direction of the Hon'ble Court." 5.

The aforesaid status report is annexed with orders dated 26.12.2024 and the Pension Payment Order.

6.

In view of the above, the present petition is disposed of. 7.

Pending applications if any also stand disposed of. AMIT SHARMA, J SEPTEMBER 12, 2025/kr/dj 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 15/09/2025 at 12:21:22