Dismissed

The Union of India v. Ex-Sep.(Reservist) Army No. 66025637 Kishan Lal S/O Bhairu Ram

Rajasthan HC6 Oct 2025CW/7712/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of several connected writ petitions concerning reservist pensions by relying on a prior judgment (Man Singh). The Court held that the issue was no longer res integra and dismissed the petitions on the grounds of delay, laches, and attempts to evade tribunal orders.

What did the court decide?

Petitions dismissed on grounds of delay, laches, and non-res integra status; costs awarded.

The Union of India Vs Ex-Sep.(Reservist)… — Pension and Retirement Benefits | Rajasthan HC (2025)

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[2025:RJ-JP:40520-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 4842/2024

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Union Of India, Through Its Secretary, Govt. Of India, Ministry Of Defence, New Delhi-110010

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The Principal Controller Of Defence Accounts (P), Druapadighat, Allahabad-211014.

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The Officer Incharge (Records), The Rajputana Rifles, Delhicant, Delhi-110010.

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----Petitioners

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Versus

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Ex. Rfn (Reservist) Army No. 2857094 Bal Singh S/o Girdhari Singh, R/o Vill. And Post Dholpura, Teh.Didwana, Nagaur Rajasthan, Since Deceased, Hence, Represented By

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1/1. Smt Pushp Kanwar W/o Late Ex. Rfn (Reservist) Army No. 2857094 Bal Singh, Aged About 76 Years, R/o Village And Post Dholpura, Tehsil Didwana, District-Nagaur, Rajasthan

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----Respondents

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Connected With

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D.B. Civil Writ Petition No. 4851/2024

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Union Of India, Through Its Secretary, Govt. Of India, Ministry Of Defence, New Delhi.

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The Principal Controller Of Defence Accounts (P), Druapadighat, Allahabad-211014 (U.p.)

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The Officer Incharge (Records), The Jat Regiment, Barielly, U.p. - 243001.

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----Petitioners

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Versus

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Ex. Sep. (Reservist) Army No. 2441152 Binja Ram Son Of Guma Ram, Aged About 83 Years, R/o Vpo Adakasr, Teh. Nawa, Distt. Nagaur (Raj.)

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----Respondent

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D.B. Civil Writ Petition No. 5144/2024

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Union Of India, (Through Its Secretary), Ministry Of Defence, New Delhi-Ii.

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The Pcda (Pensions), Draupadighat, Allahabad (Up) -

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[2025:RJ-JP:40520-DB]

[CW-4842/2024]

(2 of 6)

The Officer -In - Charge Records, Records The Jat Regiment, Bareilly, U.p. 243001.

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----Petitioners

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Versus

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Army No. 3156315 Ex-Reservist (Sepoy) Chetan Ram S/o Late Shri Kalu Ram, Aged About 76 Years, Residence Of Village - Narsra, Po- Harsawa, Tehsil- Fatehpur, District Sikar, StateRajasthan.

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----Respondent

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D.B. Civil Writ Petition No. 7555/2024

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

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The Principal Controller Of Defence, Accounts (P) Druapadighat, Allahabad 211014.

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The Officer Incharge (Records), The Rajputana Rifles, Delhicantt, Delhi

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----Petitioners

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Versus

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Ex. Rfn (Reservist) Army No. 2853485 Laxman Ram S/o Pusa Ram Father/o Pusa Ram, Aged About 82 Years, R/o VillPabupura, Post Dhankoli, Tehsil Didwana, Distt Nagaur (Raj.)

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----Respondent

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D.B. Civil Writ Petition No. 7712/2024

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

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The Principal Controller Of Defence Accounts (P), Druapadighat, Allahabad 211014.

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The Officer Incharge (Records) The Asc Mt, Bangalore560007.

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----Petitioners

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Versus

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Ex-Sep.(Reservist) Army No. 66025637 Kishan Lal S/o Bhairu Ram, Aged About 81 Years, R/o Vill- Rampura, Post- Losal, Tehsil Dantaramgarh, Distt. Sikar (Raj.)

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----Respondent

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(3 of 6)

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[2025:RJ-JP:40520-DB]

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[CW-4842/2024]

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D.B. Civil Writ Petition No. 8758/2024

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Union Of India, Through Its Secretary, Govt. Of India, Ministry Of Defence, New Delhi

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The Principal Controller Of Defence Accounts (P), Druapadighat, Allahabad- 211014.

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The Officer Incharge (Records), The Asc Records (At) Bangalore, South Karnataka 560007

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----Petitioners

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Versus

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Ex. Sep. (Reservist) Army No. 6444192 Panna Ram S/o Dhunkala Ram, Aged About 88 Years, R/o Vill. Roru, Post Ladnun, Distt. Nagaur (Raj.)

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----Respondent

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D.B. Civil Writ Petition No. 9575/2024

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Union Of India, (Through Its Secretary), Ministry Of Defence, New Delhi- 11.

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The Pcda (Pensions), Draupadighat, Allahabad (Up)211014.

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The Officer-In-Charge Records, Records The Rajputana Rifles, Delhi Cantt, Delhi- 110010.

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----Petitioners

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Versus

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Army No 2846907 Ex-Reservist (Rfn) Hanumana Ram S/o Late Shri Ladu Ram, Aged About 85 Years, Residence Of VillageSewa, Po- Didwana, Tehsil- Didwana District- Nagaur, StateRajasthan

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----Respondent

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D.B. Civil Writ Petition No. 9576/2024

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Union Of India, (Through Its Secretary), Ministry Of Defence, New Delhi -11.

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The Pcda (Pensions), Draupadighat, Allahabad (Up)211014.

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The Officer- In-Charge Records, The Rajputana Rifles, Delhi Cantt, Delhi- 110010.

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----Petitioners

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Versus

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(4 of 6) [CW-4842/2024]

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[2025:RJ-JP:40520-DB]

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Army No. 2853770 Ex-Reservist (Rfn) Sarwan Singh S/o Shri Pratap Singh, Aged About 77 Years, Resident Of Vpo- Sami Tehsil- Ramgarh, District- Sikar, State- Rajasthan.

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----Respondent

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D.B. Civil Writ Petition No. 11126/2024

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Union Of India, (Through Secretary), Ministry Of Defense, New Delhi-11.

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The Pcda (Pensions), Draupadighat, Allahabad (Up)21104.

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The Officer-In-Charge Records, The Rajputana Rifles Records, Delhi Cantt., Delhi-110010.

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----Petitioners

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Versus

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Smt. Sua @ Suwa W/o Army No. 2835386 Late Ex. Rfn (Reservist) Bhowani Ram, Aged About 80 Years, R/o Vill - Parawadi, Post- Dhankoli Teh - Kuchamancity, Distt. - Nagaur State Rajasthan.

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----Respondent

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For Petitioner(s)	:	Ms. Manjeet Kaur
		Mr. Parag Rastogi
		Mr. Alok Garg
		Mr. Aniket Vyas
For Respondent(s)	:	Mr. Tansukh Rai Mr. Sumit Khandelwal

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HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

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Order

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06/10/2025

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Learned counsel for the petitioners submits that the issue raised in these petitions is no more res integra and stands concluded vide order dated 04.09.2025 passed in the case of The Union of India and Anr. Vs. No.2849994 RFN (Reservist)

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(5 of 6)

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[2025:RJ-JP:40520-DB]

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[CW-4842/2024]

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Man Singh (D.B. Civil Writ Petition No.7831/2025) , wherein

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following order was passed:

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“1. 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 02.05.2025. The leave to appeal against the order passed by the AFT was also rejected on 30.10.2023 whereafter also no petition was filed before this Court.

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2. 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.

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3. 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.

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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.

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5. It has lastly 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.

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6. It is noticed that the respondent was an army person aged 80 years 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.

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

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

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(6 of 6)

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[2025:RJ-JP:40520-DB]

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[CW-4842/2024]

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