The Union of India Vs No. 2651924 Ex Gdr (Reservist) Karni Singh Son of Sh Bachan Singh — Rajasthan HC (2025) — LawSathi Research

The Union of India Vs No. 2651924 Ex Gdr (Reservist) Karni Singh Son of Sh Bachan Singh — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the petitioners; writ petition dismissed with cost of Rs.10,000/- payable to the respondent, and interest at 12% as directed by the AFT also to be paid.

Issue for consideration

Whether the writ petition filed on 19.06.2024 challenging the AFT, Jaipur order dated 09.11.2021 is liable to be dismissed as belated, being barred by delay and laches. +1 more

Court's answer

The writ petition is highly belated and suffers from delay and laches; no cogent reasons were shown for not filing the petition for two years after the leave to appeal was dismissed.

Ratio / Principle

Keeping in view the provisions of the 7th CPC, reservist pension is payable to a regular Sepoy by calculating 2/3rd of the minimum pension available for the post, in terms of Para 155 of the Pension Regulations for the Army, 1961.

Key takeaways

The order passed by the AFT was just and proper on merits.ratio¶20
The writ petition was filed in order to avoid implementation of the AFT order and to avoid the contempt/execution proceedings.ratio¶16
The civil writ petition is dismissed on the ground of delay and laches with cost of Rs.10,000/- payable to the respondent; interest at the rate of 12% as directed by the AFT shall also be paid.ratio

Detailed headnote1 paragraphs

Rajasthan High Court (Division Bench, Jaipur) dismissed the Union of India's writ petition (D.B. Civil Writ Petition No. 10519/2024, decided 04.09.2025) challenging the Armed Forces Tribunal, Jaipur order dated 09.11.2021 granting reservist pension benefit to No. 2651924 Ex Gdr (Reservist) Karni Singh. On merits, the Court held the AFT order just and proper, endorsing that, in view of the 7th CPC, reservist pension is payable to a regular Sepoy at 2/3rd of the minimum pension available for the post in terms of Para 155 of the Pension Regulations for the Army, 1961. The petition, however, was dismissed solely on the ground of delay and laches, having been filed on 19.06.2024 about two years after dismissal of the leave to appeal, and being apparently aimed at avoiding implementation of the AFT order and the attendant contempt/execution proceedings. Cost of Rs.10,000/- was imposed on the petitioners, payable to the respondent, and the interest at 12% as directed by the AFT was also ordered to be paid. A reference to a similar petition pending before the Hon'ble Supreme Court against the Punjab & Haryana High Court decision in Union of India v. Darshan Singh Bal (CWP No.17046/2024) did not assist the petitioners. Pending applications stood disposed of.

[2025:RJ-JP:35478-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 10519/2024

The Union Of India, Through Secretary, Ministry Of Defense South Block, Government Of India, New Delhi110011.

The Pcda (P), Allahabad (Up) - 211001

The Oic Records, Records The Grenadiers, Pin - 908706 C/o 56 Apo.

----Petitioners

Versus

No. 2651924 Ex Gdr (Reservist) Karni Singh Son Of Sh Bachan Singh, Resident Of Village Sarsala, Post Dudhwa Khara, Tehsil Sujangarh, Distt Churu (Raj.)

----Respondent

For Petitioner(s) : Mr. Amit Jindal, Adv.

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

Order

04/09/2025

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 19.06.2024.

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.

[2025:RJ-JP:35478-DB]

[CW-10519/2024]

(2 of 2)

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

It is noticed that the respondent was an army person who had filed the application seeking benefit of pension. On calculation of his pension, instead of complying with the order, the authorities have shown insensitiveness in filing such petitions belatedly.

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 the respondent. The interest on the amount is directed by the AFT at the rate of 12% shall also be paid.

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

(SANJEET PUROHIT),J

(SANJEEV PRAKASH SHARMA),J

HEENA/MAHIMA/20