High CourtsDivision Bench(2025) 12 DEL CK 1850

Ex Cadet Jai Swarup Wal vs Union Of India & Ors.

Delhi High Court · Decided on 22 December 2025

HON’BLE JUDGES
C. Hari Shankar, J · Om Prakash Shukla, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 19430 Of 2025

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Judgment

11 paragraphs · 229 words

C. Hari Shankar, J

CM APPL. 81036/2025 (Exemption)

1.

Exemption allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 19430/2025 & CM APPL. 81035/2025 (Directions)

3.

Dr. Vijendra Singh Mahndiyan, learned CGSC who appears for the Union of India, submits that this writ petition is vitiated by inordinate delay and latches, inasmuch as the petitioner was boarded out from service in 1967 and has preferred this writ petition in 2025.

4.

We are conscious of the fact that, in Union of India v. Tarsem Singh 2008 (8) SCC 648, the Supreme Court has held that, in cases of pension, delay cannot be an impediment of grant of relief. However, in the present case, the delay is of more than half a century, in fact, almost of over

60 years. There is not a whisper of an explanation in the entire writ petition, for the said delay.

5.

We have to be conscious of the fact that the respondents may also not be having, with them, at this distance of time, the relevant record, so as to contest the matter.

6.

Nonetheless, for the present, we permit the petitioner to withdraw this writ petition and reinstitute the petition, if so advised, also explaining why it took almost 60 years for the petitioner to approach this Court.

7.

The petition is disposed of in the aforesaid terms.