GUL AHMED KHAN NANEET DUBEY vs UNION OF INDIA DEFENCE SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS — WP(C) /2717/2024
Case under Article 226-section103 Section 1A. Disposed: Contested--Disposed Off on 01st April 2026.
CNR: JKHC020058532024
Next Hearing
18th November 2024
Filing Number
WP(C) /4496/2024
Filing Date
05-11-2024
Registration No
WP(C) /2717/2024
Registration Date
14-11-2024
Judge
HON'BLE MR. JUSTICE SANJEEV KUMAR , HON'BLE MR. JUSTICE SANJAY PARIHAR
Coram
HON'BLE MR. JUSTICE SANJEEV KUMAR , HON'BLE MR. JUSTICE SANJAY PARIHAR
Bench Type
Division Bench
Category
DB SERVICE WRIT PETITION – SWP ( 217 )
Sub-Category
AGAINST THE DECISION OF ARMED FORCES TRIBUNAL. ( 3 )
Judicial Branch
SERVICE WRIT PETITION (SWP)
Decision Date
01st April 2026
Nature of Disposal
Contested--Disposed Off
Acts & Sections
Petitioner(s)
GUL AHMED KHAN NANEET DUBEY
Respondent(s)
UNION OF INDIA DEFENCE SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS
Hearing History
Judge: HON'BLE MR. JUSTICE SANJEEV KUMAR , HON'BLE MR. JUSTICE SANJAY PARIHAR
FOR ADMISSION Before Notice
FOR ADMISSION After Notice
FOR ADMISSION After Notice
FOR ADMISSION After Notice
FOR ADMISSION After Notice
| Date | Purpose | Result |
|---|---|---|
| 18-11-2024 | FOR ADMISSION Before Notice | |
| 01-04-2026 | FOR ADMISSION After Notice | |
| 23-03-2026 | FOR ADMISSION After Notice | |
| 10-02-2026 | FOR ADMISSION After Notice | |
| 12-11-2025 | FOR ADMISSION After Notice |
Orders
Summary The High Court of Jammu & Kashmir allowed the petitioner's service pension claim, setting aside the Armed Forces Tribunal's dismissal. The court held that the petitioner's qualifying service of 13 years and 361 days should be rounded off to 14 years under Pension Regulations 1961/2008, which treat fractions exceeding three months as half-yearly service. Following Supreme Court precedent in Balakrishnan Mullikote, the shortfall was made good to 15 years, entitling him to service and family pension. This case analysis is maintained by casestatus.in based on publicly available court records.
Summary The High Court of Jammu & Kashmir allowed the petitioner's service pension claim, setting aside the Armed Forces Tribunal's dismissal. The court held that the petitioner's qualifying service of 13 years and 361 days should be rounded off to 14 years under Pension Regulations 1961/2008, which treat fractions exceeding three months as half-yearly service. Following Supreme Court precedent in Balakrishnan Mullikote, the shortfall was made good to 15 years, entitling him to service and family pension. This case analysis is maintained by casestatus.in based on publicly available court records.
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