Dismissed

The Union of India v. Smt. Kemi Widow of No. 8002903 Late Pnr (Reservist) Rewat Ram

Rajasthan HC4 Sept 2025CW/10065/2024

Case brief

AI extract

What is this about?

The High Court dismissed a civil writ petition challenging an Armed Forces Tribunal order regarding a reservist pension. The court held the petition was an attempt to avoid AFT execution and was highly belated, suffering from delay and laches without cogent reasons. The petition was dismissed with costs.

What did the court decide?

Petition dismissed on grounds of delay and laches. Cost of Rs.10,000 awarded to respondent.

The Union of India Vs Smt. Kemi Widow of… — Pension and Retirement Benefits | Rajasthan HC (2025)

¶1

[2025:RJ-JP:35477-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Civil Writ Petition No. 10065/2024

¶4

The Union Of India, Through The Secretary, Ministry Of Defence South Block, Government Of India, New Delhi - 110011.

¶5

The Pcda (P), Allahabad (Up)-211014.

¶6

The Oic Records, Records The Pioneer Corps, Pin-900 493 C/o 56 Apo.

¶7

----Petitioners

¶8

Versus

¶9

Smt. Kemi Widow Of No. 8002903 Late Pnr (Reservist) Rewat Ram, Aged About 74 Years, Resident Of Village And Post Gigala Tehsil Osian Distt Jhunjhunu (Raj).

¶10

----Respondent

¶11

For Petitioner(s) : Mr. Alok Garg, Adv.

¶12

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order

¶13

04/09/2025

¶14

The present writ petition challenges the order dated 09.11.2021 passed by the learned Armed Forces Tribunal, Jaipur (hereinafter referred to as the ‘AFT’) by filing a writ petition on 30.05.2024.

¶15

It is apparent that in order to avoid the implementation of the order of the AFT and avoid the contempt proceedings/ execution proceedings, the present civil writ petition has been filed. The law with regard to grant of reservist pension has already been settled earlier by the AFT in Smt. Sanjogi Devi. Vs UOI & Ors. in OA No.576/2017 on 10.05.2019.

¶16

Keeping in view the provisions contained under the 7^th CPC, the reservist pension would be payable to the regular Sepoy by

¶17

[2025:RJ-JP:35477-DB]

¶18

[CW-10065/2024]

¶19

(2 of 2)

¶20

calculating 2/3^rd of the minimum pension available of the post in terms of Para 155 of the Pension Regulations for the Army, 1961. 4. Accordingly, we find that the order passed by the AFT was just and proper on merits. However, without implementing the said order, the present petition has been filed. 5. It has also been argued that in similar case, the petition is filed before the Hon’ble Supreme Court challenging the order passed by High Court of Punjab and Haryana at Chandigarh in Union of India & Ors. Vs. Darshan Singh Bal & Ors: CWP No.17046/2024 decided on 27.09.2024. However, we also find that the present writ petition is highly belated and suffers from delay and laches. Without there being cogent reasons coming forward for not filing the petition for two years, after the leave to appeal was dismissed.

¶21

It is noticed that the respondent was the widow of an army person aged 74 years when she filed the application seeking benefit of family pension. On calculation of pension of her late husband, instead of complying with the order, the authorities have shown insensitiveness in filing such petitions belatedly. 7. The present Civil Writ Petition is accordingly, dismissed on the ground of delay and laches with cost of Rs.10,000/-. The cost is to be paid to widow-respondent. The interest on the amount is directed by the AFT at the rate of 12% shall also be paid.

¶22

Pending application(s), if any, stand disposed of.

¶23

(SANJEET PUROHIT),J

¶24

(SANJEEV PRAKASH SHARMA),J

¶25

HEENA/MAHIMA/19

The Union of India v. Smt. Kemi Widow of No. 8002903 Late Pnr (Reservist) Rewat Ram

Case brief

What is this about?

What did the court decide?

The Union of India v. Smt. Kemi Widow of No. 8002903 Late Pnr (Reservist) Rewat Ram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jhabar Singh Jat Son of Late Shri Ramnath Jat Vs State of Rajasthan

State of Rajasthan Vs Managing Committee, Shri Pragya Mahavidyalaya

Ugro Capital Limited Vs Ganpati Packaging Industries

Commissioner, College Education Vs Managing Committee, Churu Balika Mahavidhyalaya

M/S. Galaxy Mining Private Limited Vs State of Rajasthan

The Union of India Vs No. 2651924 Ex Gdr (Reservist) Karni Singh Son of Sh Bachan Singh