$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 18.02.2026 + W.P.(C) 19338/2025 WING COMMANDER MS MANDER .....Petitioner Through: Ms. Archana Ramesh, Adv.

versus UNION OF INDIA AND ORS .....Respondents Through: Dr. Vijendra Singh Mahndiyan, CGSC and Mr. Govil Updhyaya, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL

1. This petition has been filed by the petitioner challenging the order passed by the Armed Forces Tribunal, Principal Bench, New Delhi (‘Tribunal’) in Original Application being O.A. No. 2713 of 2025 (‘O.A’, for short) dated 04.09.2025, with the following prayers:-

“A. Issue a Writ, Order or direction in the form of a Writ of Certiorari to quash and set aside the Impugned Order of The Hon’ble Armed Forces Tribunal, Principal Bench Judgement in OA No 2713 of 2025 in Re Wing Commander MS Mander Versus Union of India dated 04 Sep 2025 and also Air Headquarters, Vayu Bhavan, New Delhi letter dated 28 May 2025 assailed as Impugned Orders and placed collectively as Annexure P-1.

B. Issue a Writ, Order or direction in the form of a Writ of Mandamus to issue directions to the Respondents to grant pay and allowances from the date of Cashiering to the date of superannuation as Air Marshal (Notional) and followed from the next date by grant of issuing corrigendum PPO as to Air Marshal from that date till death to meet the ends of equity, justice and fair play.

C. Pass such other further orders/ directions by way of adequate exemplary compensation as deemed just and proper by this Hon’ble High Court in the genuine attendant circumstances of the case to meet the ends of equity, justice and fair play.”

2. The facts as noted from the petition are that, on 10.06.1977, the petitioner joined Air Force Academy 119 PC (Pilot Course) and he was given a Permanent Regular Commission in the Indian Air Force.

3. During his tenure as Commanding Officer in the Indian Air Force, he along with other Air Force officers were tried by a General Court Martial for a case of Murder of an army personnel. The General Court Martial sentenced him to be cashiered for 5 years Rigorous Imprisonment. The Chief of the Air Staff confirmed the conviction and remitted the sentence to imprisonment to two years in civil prison.

4. The petitioner superannuated on 29.02. 2008 as a Wing Commander.

5. The petitioner challenged the finding of the Chief of Air Staff/ General Court Martial in a writ petition before this Court being W.P.(C)5158/1999. On the formation of the Tribunal in 2009, the writ petition was transferred to the Tribunal and renumbered as TA No. 14/2010. The Tribunal held him not Guilty and quashed the findings and sentence vide judgment dated 14.05.2010, wherein, in paragraph 42, the Tribunal held as under:-

“42. Therefore, in the absence of evidence, the case against the appellant-accused cannot stand. The findings and convictions are not sustainable. In the result, the appeal is allowed setting aside the conviction and sentence awarded to the appellant-accused. The appellant-accused shall be deemed to be in service till the date of superannuation in the present rank and be entitled to pension thereafter. No order as to backwages.”

6. The Union of India challenged the same before the Supreme Court in Criminal Appeal No. 190 of 2011. The Supreme Court vide its judgment dated 06.11.2024 dismissed the appeal. Pursuant to the same, an order dated 28.05.2025 was passed by the respondent wherein, the petitioner was reinstated in service on the rank of Wing Commander till the date of his superannuation and to granted pension with no order of back-wages.

7. The case of the petitioner before the Tribunal in the O.A was that, he has been acquitted of all the charges, therefore, he is entitled to be notionally promoted to the rank of Air Marshal and grant pay, allowance and all other benefits.

8. The Tribunal vide the impugned order in paragraph 13 onwards held as under:-

“13. Afte