JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J.

CM No.28630/2020 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) No.8889/2020 & CM No.28631/2020 (for directions)

3. The petitioner, a sergeant in the Indian Air Force (IAF), has filed this petition (i) impugning the Air Force Order (AFO) No.03/2013 dated 6th February, 2013 issued by the respondent No.2 Chief of Air Staff; (ii) impugning the administrative order dated 5th August, 2019 issued by the respondent No.2 Chief of Air Staff, sanctioning maintenance claim against the petitioner; and, (iii) seeking mandamus, directing the respondent No.2 Chief of Air Staff to refund the amount of maintenance granted under the administrative order aforesaid, to the son of the petitioner and payable to the respondent No.5 i.e. wife of the petitioner.

4. It is the case of the petitioner, (a) that the petitioner was enrolled in the IAF in Equipment Assistant Trade, on 27th December, 2006; (b) that the petitioner got married to the respondent No.5 Mrs. Gunjan Shukla on 29th November, 2012; (c) that on 19th March, 2014, a son named Avyukta Shukla was born to the