Cpl Srinivas Kumar Gurram (Retd.) v. Union Of India And ORS.

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15428/2023 CPL SRINIVAS KUMAR GURRAM (RETD.) .....Petitioner Through:

Mr. Manoj Kumar Gupta, Advs.

versus UNION OF INDIA AND ORS.

.....Respondent Through:

Mr. Rajesh Kumar, SPC, Ms. Pragya Yadav, Mr. Yash Narain, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 13.01.2026 1.

This petition has been filed with the following prayers: "9. I Issue a writ of Mandamus or any appropriate order directing the Respondents to release the pro-rata Pension to the Petitioner wef date of discharge from Air Force, and grant associated benefits including an interest of 10% on the arrears as due.

9.2 Set-aside the impugned Order dated 13/09/2023 which is illogical and contrary to the squarely covered judgement in GK Srivastava (Supra) as well as Brijlal Kumar & Ors (Supra) and subsequent judgement passed by this Hon'ble Court, following above two ibid Judgments.

9.3 Award the cost of the proceedings in favour of the Petitioner for depriving fundamental right of Pension which is inter-alia given to commissioned officer only and catena of judgments were passed by declaring the policy of MoD dated 19 Feb 1987 ultravires and discriminatory."

2.

The learned counsel for the respondent states that the subject matter 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 16/01/2026 at 13:34:25

of the writ petition shall lie before the Armed Forces Tribunal (AFT). This submission is acknowledged by the learned counsel for the petitioner. 3.

Appropriate be, the Registry shall transfer the present petition to the AFT within four weeks of the receipt of the order. The Registrar AFT shall list the same before the appropriate bench after taking orders of the Hon'ble the Chairman, AFT.

4.

This petition is disposed of for statistical purpose. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JANUARY 13, 2026 rt 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 16/01/2026 at 13:34:25