The Union of India Vs No. 4151327 Sep Hanuman Singh S/O Shrikurda Ram — Rajasthan HC (2025) — LawSathi Research

The Union of India Vs No. 4151327 Sep Hanuman Singh S/O Shrikurda Ram — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed with direction to the petitioner (Union of India) to release the amount as directed by the AFT, along with interest @ 12% per annum, to the legal heir of the deceased respondent.

Issue for consideration

Whether application No. 01/2025 seeking to take on record the legal heir of the sole respondent (who expired during pendency) should be allowed. +1 more

Court's answer

Application No. 01/2025 for taking on record the legal heir of the sole respondent is allowed, and the amended cause title is taken on record.

Ratio / Principle

Revision of reservist pension to 2/3rd of the minimum pension of a regular Sepoy as per the 7th Pay Commission w.e.f. 01.01.2016 is no longer an issue of res integra: it stands finalized by several judgments of this Court, other High Courts and the AFT pan-India, and is applicable in terms of Para 155 of the Pension Regulations for the Army, 1961.

Key takeaways

As per this Court's own earlier decision in Union of India & Ors. v. No 2849994 Rfn (Reservist) Man Singh (D.B. Civil Writ Petition No. 7831/2025), relied upon here, delay in challenging such pension-granting orders is material, and compliance of the order relating to grant of pension/retiral benefits has to be done immediately.ratio¶26
The Court found no reason to entertain this civil writ petition at such a belated stage and accordingly dismissed it.ratio¶27

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur), D.B. Civil Writ Petition No. 10524/2024 (decided 08/09/2025 before Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit) - filed by the Union of India (Ministry of Defence), PCDA (Pension), Allahabad, and OIC Records, Kumaon Regiment, against late Sepoy No. 4151327 Hanuman Singh (through legal heir Smt. Santosh). Application No. 01/2025 taking the deceased respondent's legal heir on record was allowed and the amended cause title accepted. The Court held that revision of reservist pension to 2/3rd of the minimum pension of a regular Sepoy per the 7th Pay Commission w.e.f. 01.01.2016 (per Para 155, Pension Regulations for the Army, 1961) is no longer res integra, being finalized by judgments of this Court, other High Courts and the AFT pan-India; noting the AFT judgment favoured the respondent, it declined to entertain the petitioners' belated re-agitation, dismissed the petition, and directed release of the AFT-directed dues with interest @ 12% per annum, reiterating its view in Union of India & Ors. v. No 2849994 Rfn (Reservist) Man Singh (D.B. Civil Writ Petition No. 7831/2025) that delay in challenging such orders is material and compliance must be immediate.

[2025:RJ-JP:35810-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 10524/2024

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

Pcda (Pension), Allahabad (U.p.).

The Oic Records, Kumaon Regimental Records, Ranikhet, Uttrakhand,

----Petitioners

Versus

No. 4151327 Sep Hanuman Singh S/o Shrikurda Ram, R/o VpoGasidha, Tehsil-Buhana, District-Jhunjhunu (Rajasthan).(since deceased through his legal heir);

1/1. Smt. Santosh W/o late Hanuman Singh

----Respondent

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

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

Order

08/09/2025

The matter comes up on application No.01/2025 for taking on record, the legal heir of the sole respondent.

For the reasons mentioned in the application(01/2025),the same is allowed.

Amended cause title is taken on record.

The benefit of revision of reservist pension by revision of 2/3^rd of the minimum pension of regular Sepoy as per the 7^th Pay Commission w.e.f. 01.01.2016 is no more an issue of res integra, as the same stands already finalized by several judgments passed

[2025:RJ-JP:35810-DB]

[CW-10524/2024]

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by this Court, other High Courts and Armed Forces Tribunal (AFT) Pan India. The same is applicable in terms of Para 155 of the Pension Regulations for the Army, 1961.

The present petition has been filed by Union of India seeking to re-agitate the matter which stands already well settled in several cases.

We noticed that judgment passed by AFT is in favour of the respondent. He has been expired, during the pendency of the writ petition.

In Union of India & Ors. Vs. No 2849994 Rfn (Reservist) Man Singh: D.B. Civil Writ Petition No. 7831/2025, we have taken a view that delay in challenging such orders is material. Compliance of the order relating to grant of pension of retiral benefits has to be done immediately.

We do not find any reason therefore to entertain this civil writ petition at such a belated stage, hence, the same is dismissed with direction to release the amount as directed by the AFT along with interest @ 12% per annum.

(SANJEET PUROHIT),J

(SANJEEV PRAKASH SHARMA),J

HEENA/MAHIMA/33