AIDSA ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) . By this writ petition, the petitioner seeks the following reliefs:

(2.) . The terms and conditions of service of Armed Forces are governed by the statutory acts and regulations framed therein. The conditions of service of the Armed Forces are also contained in various orders, notifications, memoranda and instructions. The allegation of the petitioner is that these documents are not published and therefore are not available to the members of the Forces with the result that they are not aware of their rights under the various statutory provisions, regulations, orders, notifications, instructions and memoranda. It cannot be disputed that it is the right of the members of the Armed Forces to know the rules, regulations, orders, instructions, memoranda and notifications dealing with their service condition including matters relating to pensionary benefits etc. In case the acts, rules, orders, instructions, memoranda, notifications, etc., are not published, it will result in violation of the right of the members of the armed forces to information which is guaranteed by the Constitution.

(3.) . The learned Additional Solicitor General candidly states that the acts, rules, regulations, instructions, orders and memoranda dealing with the service conditions of the members of the Armed Forces which have not been published by the Services, shall be published subject to security clearance by the concerned Directorate of Service Headquarters. The learned Additional Solicitor General has also invited our intention to para 10 of the counter affidavit, which states as follows: