Dismissed¶20

Union of India and Others v. Birbal Singh and Another

Punjab & Haryana HC7 Jul 2025CWP/16943/2025

Case brief

AI extract

What is this about?

CWP No. 16943 of 2025 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 07.07.2025; Union of India and others v. Ex. Hav Birbal Singh and another; War Injury pension; Armed Force Tribunal order dated 13.03.2019 upheld; Ministry of Defence letter / Government of India Policy dated 31.01.2001 - no embargo on taking War Injury Pension; writ petition dismissed for inordinate unexplained delay (filed 2025 against 2019 order); petitioner counsel Akash Vashisth.

What did the court decide?

None to the petitioners; the AFT order dated 13.03.2019 upholding respondent No.1's War Injury pension claim stands upheld and pending application(s) stand disposed of. ¶20

Union of India and Others Vs Birbal Singh and Another — Punjab & Haryana HC (2025) — LawSathi Research

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CWP No. 16943 of 2025 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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123

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CWP No. 16943 of 2025 (O&M) DATE OF DECISION :-07.07.2025

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Union of India and others

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...Petitioners

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Versus

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Ex. Hav Birbal Singh and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

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Present :- Mr. Akash Vashisth, Advocate for the petitioners.

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SANJEEV PRAKASH SHARMA, J. (ORAL)

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The challenge in this writ-petition is to the order dated 13.03.2019 (Annexure P-1) passed by respondent No.2-Armed Force Tribunal (for short ‘the AFT’) whereby the claim of respondent No. 1 for grant of War Injury pension has been wrongly allowed against the provisions of Government of India Policy dated 31.01.2001.

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We notice that the AFT has also taken into consideration the letter dated 31.01.2001 which allows grant of War Injury Pension. It is an admitted position that respondent No.1 was invalided out of service on account of the War Injury.

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However, in view of the Ministry of Defence letter dated 31.01.2001, we are of the firm view that there is no embargo in taking War Injury Pension. Accordingly, the instant writ-petition is without any force. The order passed by the AFT-respondent No.2 on 13.03.2019 (Annexure P- 1) is upheld. We notice that this writ petition has been filed in the year 2025 challenging the order passed on 13.03.2019(Annexure P-1) without any

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PARVINDER SINGH 2025.07.11 09:38 I attest to the accuracy and authenticity of this order/judgment

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CWP No. 16943 of 2025 (O&M) 2

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clarification. No reasons are coming forward for inordinate delay and the writ-petition has to be dismissed on this count too.

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