1987 INSC 0090
                                             Capt. Prem Kishan Mohla

                                                           Vs

                                             Union of India and Others

                                            Capt. Abhay Singh Jamwal

                                                           Vs

                                             Union of India and Others

                                          Major Harinder Singh Sekhon

                                                           Vs

                                                    Union of India

                                                          And

                                              Capt. Anup Singh Sidhu

                                                           Vs

                                             Union of India and Others

                           Writ Petitions Nos. 2969, 3127, 3128 and 3129 of 1978

                                           (M. P. Thakkar, B. C. Ray JJ)

                                                      10.02.1987

                                                     JUDGMENT

1. In this group of writ petitions two prayers are made for issuance of :

                  (i) Writ in the nature of 'certiorari' quashing the Directive of respondent 3 dated
                  October 25, 1977 Order No. B/55401/T.A.-5 embodied in Annexure 'C' which has
                  been told to have been based on the some unauthorised approval order got passed by
                  or concurrence obtained from Raksha Mantri on August 31, 1977 insofar as present
                  petitioners are concerned.

                  (ii) Writ in the nature of 'mandamus' commanding the respondents to abstain from
                  giving effect of the impeached order of October 25, 1977 and thereby not to take any
                  step or steps conducive to their non-bona fide aim of effecting retrenchment of T.A.
                  personnel on the fake basis of their being surplus much before they reach their age of
                  superannuation or otherwise become disqualified under Army Act, Rules and
                  Regulations or suo motu relinquish their Commission.

Since learned counsel for the petitioners has not been able to contact the petitioners notwithstanding
strenuous efforts made by him, whether or not the problem still survives cannot be posited with any
degree of certainly. It would, therefore, be but proper to protect the petitioners whilst disposing of
these matters in case any issue raised in these petitions still survives notwithstanding the passage of
such a long time. We, therefore, dispose of these writ petitions with no orders with liberty to the
petitioners to approach the appropriate forum in case grievance still survives. There will be no order
as to costs.

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