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2026 Supreme(SC) 304

SUPREME COURT OF INDIA
SURYA KANT, CJI., UJJAL BHUYAN, NONGMEIKAPAM KOTISWAR SINGH, J.
Neeraj Kumar and Another – Appellant
Versus
Union of India and Others – Respondents
Civil Appeal No. 640 of 2025
Decided On : 24-03-2026

Advocates appeared:
For the Petitioner(s): Dr. Menka Guruswamy, Sr. Adv. Ms. Garima Sachdeva, Adv. Mr. Hansdeep Singh, Adv. Ms. Shaswati Parhi, Adv. Ms. Divyanshi Maurya, Adv. Mr. Rohit Kumar, AOR Ms. Pooja Dhar, AOR Ms. S. Ambica, Adv. Mr. Atul Kumar, Adv. Mr. Abhimanyu Sharma, Adv. Ms. Deepali Atreja, Adv. Mr. Rahul Thukral, Adv. Mr. Tarun Gupta, AOR Mr. Rakesh Kumar, AOR Mr. Huzefa A Ahmadi, Sr. Adv. Mr. Rahul Krishna, AOR Ms. Rashmi Singh, Adv. Ms. Shruti Sharan, Adv. Mr. Dev Vrat Anand, Adv.
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Ms. Shreya Jain, Adv. Ms. Riddhi Jad, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Anuj Srinivas Udupa, Adv. Mr. Madhav Singhal, Adv. Mr. Jagdish Chandra, Adv. Mr. Digvijay Dham, Adv. Col Mukul Dev, Adv. Mr. Akshay Bhandari, AOR Mrs. Shriya Gilhotra, Adv. Dr. Menaka Guruswamy, Sr. Adv. Ms. Astha Sharma, AOR Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Mr. Simranjeet Singh Rekhi, Adv. Ms. Shaswati Parhi, Adv. Ms. Divyanshi Maurya, Adv. Mr. Sanjoy Ghose, Sr. Adv. Mr. Sahil Kalia, Adv. Mr. Chandan Kumar, Adv. Mr. Mohit Garg, Adv. Mr. Siddharth Gill, Adv. Mr. Sahil Chandra, AOR

Timeliness in seeking judicial relief is crucial; delayed applications from voluntarily released officers do not warrant reconsideration.

Headnote:(A) Armed Forces Tribunal Act, 2007 - Appeal for reinstatement and grant of Permanent Commission - Dismissal of application by AFT upheld - Appellants failed to demonstrate prompt diligence in challenging their release - Past decisions relied upon were contingent on timely action by appellants - Appellants voluntarily released from service and subsequently employed - No grounds for reconsideration found. (Paras 1-8)

(B) Legal Principle - Discretionary reliefs dependent on prompt action - Late challenge to service release and non-consideration for Permanent Commission not entertained. (Paras 4, 8)

Facts of the case:
The appellants, former SSCOs of the Indian Air Force, sought reinstatement and Permanent Commission after their application was dismissed by the AFT. They had voluntarily opted for release in 2009 rather than extending service.

Issues: The court addressed whether the delay in seeking relief invalidated their claim for reinstatement and PC.

Ratio Decidendi: The court determined that timeliness is critical in granting relief, citing past cases where similar claims were dismissed due to delays.

Result: Appeal dismissed.

Judgement Key Points

Key Points: - Two former male Short Service Commission Officers (SSCOs) of the Indian Air Force appealed against the Armed Forces Tribunal (AFT) order dated 15.05.2024 dismissing their Original Application No. 379/2011 for reinstatement and grant of Permanent Commission [1]. - Appellants' claim relied on AFT decision in Sqn. Ldr. Lalit Kumar Tandon v. Union of India (2011 SCCOnLine AFT 191) and Supreme Court judgment in AU Tayyaba v. Union of India ((2023) 5 SCC 688) [2]. - Discretionary reliefs in Lalit Kumar Tandon and AU Tayyaba were granted because SSCOs acted promptly after High Court judgment in Babita Puniya v. Secretary (2010 SCC OnLine Del 1116) [4]. - Appellants were inducted in 1998, considered for PC in 2002 (declined, granted 6-year extension), not considered in 2009 due to HR Policy 21/2006 discontinuing PC from 2006 [5]. - Appellants voluntarily sought release from service instead of 4-year extension and were released on 25.06.2009; they secured private sector employment [6]. - Appellants filed OA No. 379/2011 on 06.09.2011, which was 18 months after Babita Puniya, 7 months after Lalit Kumar Tandon, and over 2 years after their voluntary release [7]. - Court dismissed appeal, following precedents dismissing similar belated claims by voluntarily released and employed officers [8]. - Appeal dismissed for lack of diligence and timeliness [9].

What is the impact of delay in seeking judicial relief on claims for reinstatement and Permanent Commission by released SSCOs?

Table of Content
1. appeal filing and comparison with previous cases. (Para 1 , 2)
2. delays and procedural grounds in filing. (Para 3 , 4 , 7)
3. appellants' request for service reinstatement after voluntary exit. (Para 5 , 6)
4. dismissal of appeal based on precedent. (Para 8 , 9)

ORDER :

SURYA KANT, CJI.

1. The instant appeal has been filed by two former male Short Service Commission Officers (SSCOs) of the Indian Air Force, challenging the order dated 15.05.2024 passed by the Armed Forces Tribunal, Principal Bench at New Delhi (AFT) in Original Application (OA) No. 379/2011, whereby the Appellants’ prayer for reinstatement into service in the Indian Air Force and for consequential consideration for the grant of Permanent Commission (PC) has been dismissed.

2. The claim of the Appellants traces its genesis to the decision of the AFT in Sqn. Ldr. Lalit Kumar Tandon and Ors. v. Union of India and Ors. , 2011 SCCOnLine AFT 191 Subsequently, during the pendency of the OA, this Court delivered its judgement in AU Tayyaba v. Union of India , (2023) 5 SCC 688. Relying upon the said decision, the Appellants have further sought parity with those SSCOs who were released from service but were directed to be considered for the grant of PC alongwith the consequential pensionary benefits.

3. We have heard Ms. Vibha Datta Makhija, learned Senior Counsel, and Ms. Pooja Dhar, learned Advocate-on-Record, on behalf of the Appellants, as well as Ms. Aishwarya Bhati, learned Additional Solicitor General of India, for the Respondents and have carefully perused the records.

4. Having gone through the judgements relied upon by the Appellants, it becomes amply clear that the discretionary reliefs granted in Lalit Kumar Tandon (supra) and AU Tayyaba (supra) were premised upon the fact that the SSCOs concerned had acted promptly in challenging their release from service and had approached the relevant forum for relief within reasonable time after the High Court of Delhi (High Court) pronounced its judgement dated 12.03.2010 in Babita Puniya v. Secretary , 2010 SCC OnLine Del 1116.

5. In the instant case, however, the Appellants have not demonstrated comparable diligence. They were initially inducted into the Air Force on Short Service Commission in 1998. Although they were considered for the grant of PC in 2002, i.e. in their 5th year of service, the same was declined at that stage, and they were instead granted an extension of service for 6 years. They were again expected to be considered for the grant of PC in 2009, i.e. in their 11th year of service. However, such consideration did not materialise owing to the introduction of Human Resource Policy 21/2006 dated 25.05.2006, which purported to discontinue the grant of PC from 2006 onwards.

6. At that juncture, instead of seeking a further extension of 4 years, as would have been available to them, the Appellants themselves sought to be released from service. Their request was accepted, and they were formally released on 25.06.2009. It is stated that they have since secured gainful employment in the private sector.

7. Owing to the High Court’s decision in Babita Puniya (supra), the Appellants sought to assail their release from service and their non-consideration for PC by filing OA No. 379/2011 before the AFT on 06.09.2011. This application was moved approximately 18 months after the pronouncement of Babita Puniya (supra), 7 months after the decision in Lalit Kumar Tandon (supra), and more than two years after their release from service, which had been effected at their own request.

8. This Court has, on previous occasions, dismissed similar cases wherein released and employed officers approached judicial fora belatedly, particularly in situations where they voluntarily left service and secured alternate employment. We find no reason to depart from that approach in the instant case.

9. For the foregoing reasons, the instant appeal is hereby dismissed.

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