$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010435142026 + W.P.(C) 13407/2026 MAJOR SANDEEP RANA (FULL TIME T.A. OFFICER) .....Petitioner Through: Petitioner in person along with Mr. D.S. Rana, A.R./father of petitioner versus UNION OF INDIA AND OTHERS .....Respondents Through: Ms. Saumya Tandon, CGSC with Mr. Ravi Mittal, GP and Mr. Gaurav Singh Sengar, Advocate Major Anish Murlidhar and Major Karan Singh Sandhu, Army CORAM: HON'BLE MR.
JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.09.2026 CM APPL. 62379/2026 (Exemption) 1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of. W.P.(C) 13407/2026 & CM APPL. 62380/2026 3. The present petition under Article 226 of Constitution of India seeks the following prayer:- ‘A. Issue orders, directions or writ of appropriate nature and direct the respondents to set-aside the impugned orders both dated 25-08-2026 to the extent of posting the petitioner under TA Rule 33 and direct the respondents to modify the impugnedThis is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2026 at 17:02:26 orders both dated 25- 8-2026 and clearly mention vide the posting order that employment of the petitioner will be as permanent staff under TA Rule 21-A, being mala-fide, arbitrary and illegal ab-initio (Ref Annexure P-1); and B.
Issue orders, directions or writ of appropriate nature and direct the respondents not to disturb/upset the job security of the petitioner under TA Rule 21-A which he is entitled to, being a confirmed permanent staff full time employee of Territorial Army under TA Rule 21-A of Territorial Army Rules 1948 till the age of superannuation of the petitioner having been commissioned/appointed/confirmed against a substantive post, to avoid unlawful/arbitrary disembodiment/removal from service under TA Rule 21-A and also to avoid pendulum like oscillating career of the petitioner in the Territorial Army, being a Central Govt. department.
C. Issue orders, directions or writ of appropriate nature for striking down the obsolete/outdated provision of law as mentioned in Para 1 (a) of Appendix VI of Territorial Army Regulations 1948, which is discriminative and directly affects the petitioner, and kept in operation mala-fidely, arbitrarily and illegally (Ref Annexure P-18); and D. Issue orders, directions or writ of appropriate nature to set aside the orders dated 03- 6-2021 pursuant to obsolete/outdated provision of law vide Para 1 (a) of Appendix VI of Territorial Army Regulations, 1948, issued without any jurisdiction and it directly affects the petitioner, being mala-fide, arbitrary and illegal ab-initio (Ref Annexure P-20); and E.
Issue orders, directions or writ of appropriate nature to set aside the unlawful posting policy dt 17-12-2020 which is not only in violation of the TA Act/Rules and Regulations 1948 but has also been issued by the DGTA beyond his jurisdiction and is also discriminative against TA cadre officers vis-a-vis regular army officers, being mala-fide, arbitrary and illegal ab-initio (Ref Annexure P-33); and F.
Issue orders, directions or writ of appropriate nature and direct Respondent No 1 to appoint TA Cadre officers as the DGTA and ADGTA at TA Directorate so as to safeguard the Fundamental Right to life, livelihood and career progression of the petitioner and to stop Ex-Cadre regular army officers (DG/This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 16/09/2026 at 17:02:26 ADG-TA) from unlawfully disturbing the career/employment of the petitioner, to favour Ex-Cadre regular army officers at the cost of the petitioner (being a TA Cadre officer);’ 4. The Petitioner, who appears in person, draws the attention of this Court to an order dated 4th March, 2025, passed by a learned Coordinate Division Bench in W.P(C) 2720/2025.
It is submitted that the said petition had been instituted challenging the order dated 13th February, 2025, whereby the petitioner was attached for voluntary training. The said order also simultaneously relieved him from his employment as a member from the Permanent Staff. Vide the aforesaid order, the learned Division Bench passed the following direction:- ‘11. In the meantime, the petitioner shall not be relieved from service from the Permanent Staff of the Territorial Anny pursuant to the Impugned Orders.’ 5.
By way of the present petition, the petitioner has challenged the order dated 25th August, 2026, whereby he has been approved for posting to 108 Inf Bn (TA) MAHAR as Coy Cdr under Rule-33 at a peace location (Saugor, MP), vide Dte. signal No. 357758/TA-4(A) dated 25th August, 2026.
6. It is the case of the petitioner that the said order has been passed under Rule 33 of the Territorial Army Rules, 1948.
The said Rule reads as under: ‘33. Every officer and every enrolled person of the Territorial Army shall by order of the Central Government or by order of such order authority as may be empowered by the Central Government in this behalf, be liable, to be called out to act in support of the civil power or to provide essential guards or to be embodied for the purpose of supporting or supplementing the regular army.
Provided that an officer or an enrolled person who volunteers with the written consent of his employer, if any, for an appointmentThis is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2026 at 17:02:26 with a Headquarters or a unit of the Regular Army, may if found suitable, be embodied with the Headquarters or the unit of the Regular Army, as the case may be, under the orders of the Director Territorial Army.’ 7.
It is the case of the petitioner that the aforesaid posting under the said Rule has been now been passed in order to overcome the order passed earlier by the learned Division Bench directing that he would not be relieved from the permanent staff of the Territorial Army.
8. Learned counsel appearing on behalf of the respondents, on advance notice and on instructions from Major Karan Singh Sandhu, submits that the said contention is incorrect.
His posting under Rule 33 of the Territorial Army Rules, 1948, will not dilute the status of ‘Permanent Staff’ of the Territorial Army for the purpose of embodiment.
9. Issue notice to the respondents.
10. Ms. Saumya Tandon, learned CGSC waives notice for the respondents.
11. Let counter affidavit be filed within a period of four weeks with an advance copy to the counsel for the petitioner, who may file rejoinder within two weeks thereafter.
12.
List on 08th December, 2026. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 15, 2026/pr/okThis is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2026 at 17:02:26