Subrata Talukdar, J. - (1.) Answering the point of jurisdiction at the threshold this Court observes that the petitioner, who is common to both the writ petitions, that is WP 3855(W) of 2014 (for short WP-I) and WP 9659(W) of 2014 (for short WP-II), now in the rank of a Colonel of the Indian Army, stands at present seconded to the Director General, Quality Assurance (DGQA), being part of Defence Production, Government of India. In his existing official capacity, the petitioner is governed by Service Rules (SR) of the Department of Personnel and Training (DoPT), Government of India. Therefore, as already discussed by this Court vide its final order dated 5th of April, 2017 in CAN 10189 of 2016 arising out of WP-I with WPII and noticing the law settled In Re: Union of India & ors. Vs. Col. G.S. Grewal, 2014 7 SCC 303, this Court found that the issues raised in WP-I and WP-II are amenable to its Writ Jurisdiction.
(2.) Now, it would be briefly necessary to elucidate the facts in issue in both WP-I and WP-II:-
(3.) That the petitioner was at the relevant period, i.e. between 2001 and 2006, serving as an active armed force personnel in the Indian Army. The petitioner is a Kargil War Decorated Officer.;