The Delhi High Court dismissed a writ petition challenging an Armed Forces Tribunal order mandating new welfare fund policies. The court refused to adjudicate on merits or procedural powers due to excessive delay and prior litigation.
Writ petition dismissed and disposed of; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~115
CNR No. DLHC010355002026
UNION OF INDIA & ORS.
.....Petitioners
Through: Mr. Bhagvan Swarup Shukla, CGSC with Mr. Vinay Kaushik GP & Ms. Jyoti Yadav, Adv. Major Anish Muralidhar and Capt Himanshu Tyagi
versus
NAIK DEVENDRA SINGH .....Respondent Through: Ms. Archana Ramesh & Mr. Sonu Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R % 06.08.2026
“ a. Issue an appropriate writ, order or direction quashing and setting aside the findings and consequential directions contained in the judgment and final order dated 25.08.2021 passed by the Learned Armed Forces Tribunal, Principal Bench. New Delhi in O.A. No. 1411 of 2017 and M.A. No. 1053 OF 2017 and the order passed in the Review Application to the extent challenged in the present petition, including the interpretation placed upon the Army Central Welfare Fund (K)/ Armed Forces Battle Casualty Welfare Fund (Regimental Fund/
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 10/08/2026 at 11:55:18
Private Fund) and the consequential directions issued' for its administration;
b. Set aside the directions issued by the Learned Tribunal requiring formulation of a fresh policy and Standard Operating Procedure and the directions of general application governing pending claims, leaving it open to the competent authority to administer the Regimental Fund (Private Fund) in accordance with the applicable executive instructions and law;
In view of the above consideration, we direct the following:-
(a) In view of SRO 04(E) issued vide Corrigendum Notification dated 6.05.2020, Respondents to :-
(i) Promulgate a fresh policy letter on Armed Forces Battle Casualty Welfare Fund incorporating all issues as given in SRO 04 (E) and other relevant Govt policies issued from time to time.
(ii) Issue a fresh common/ single Service SOP for the implementation of the policy so formulated.
(iii) Ensure that the entitlements are updated and are not violative of Articles 14 and 15 of the Constitution of India.
(iv) The new policy and SOP be formulated within six months of this order and completion report submitted to the Tribunal.
(b) Pending issue of fresh policy letter and SOP, entitlement to all fresh cases being processed be paid at the current enhanced admissible rates.
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 10/08/2026 at 11:55:18
(c) The applicant in this OA be released an ex-gratia payment of Rs 8,00,000/- as per the current rate admissible to a BC with 60% disability who is retained in service. Payment be made within two months from the date of receipt of copy of this order after verification of records.
( d) Cases which have been settled will be deemed to be closed, are not open to review, and will not be disturbed.”
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 10/08/2026 at 11:55:18
complied.
NITIN WASUDEO SAMBRE, J
AMIT SHARMA, J
AUGUST 6, 2026/ nk/ah
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 10/08/2026 at 11:55:18
2 issues framed by the court
Whether the High Court should adjudicate on the Tribunal's power to issue time-bound directions for policy formulation given significant delay in filing the petition.
Whether the directions to pay benefits from a private fund require examination at the current stage.
Union of India
Naik Devendra Singh
Nitin Wasudeo Sambre
Amit Sharma
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
