Dismissed¶23

Union of India v. Army No. 2849388 Ex-Sepoy Kehar Singh S/O Late Shri Gumana Ram

Rajasthan HC3 Nov 2025CW/8996/2024

Case brief

AI extract

What is this about?

Reservist pension revision; Para 5.2 of Govt. of India letter dated 08.03.2010; Para 155 Pension Regulations for the Army, 1961; 7th Central Pay Commission Pay Scale; 2/3rd of minimum pension of regular Sepoy; effective dates 01.07.2009, 24.09.2012, 01.07.2014; pre-retirees of 01.01.2006; Armed Forces Tribunal (AFT); latches and delay; belated writ petition by Union of India; Ex-Sepoy Kehar Singh (Army No. 2849388); interest @ 6% per annum; Rajasthan High Court Jaipur DB; Union of India v. Man Singh (D.B. Civil Writ Petition No. 7831/2025) followed.

What did the court decide?

Petition dismissed; direction to release the amount as directed by the AFT with interest @ 6% per annum, expeditiously not later than one month. ¶23

Union of India Vs Army No. 2849388 Ex-Sepoy Kehar Singh S/O Late Shri Gumana Ram — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed; direction to release the amount as directed by the AFT with interest @ 6% per annum, expeditiously not later than one month.

¶23

Issue for consideration

Whether the challenge by the Union of India to the AFT directions on revision of reservist pension raises anything not already settled, the Court noting the question is no longer res integra. +2 more

¶15

Court's answer

The directions issued by the Armed Forces Tribunal (AFT) challenged in this petition are no longer res integra, the matter having been settled in several bunch of cases decided at the Principal Seat of AFT as well as before the AFT Regional Bench, Jaipur.

¶15

Ratio / Principle

Endorsing the settled position, this Court holds that the benefit of revision of reservist pension under Para 5.2 of the Government of India letter dated 08.03.2010 is not applicable at par with pre-retirees of 01.01.2006, the benefits having been given w.e.f. 01.07.2009, 24.09.2012 and 01.07.2014; the Court finds no reason to take a different view.

¶16

Key takeaways

The reservist is entitled to receive 2/3rd of the minimum pension of a regular Sepoy in terms of the 7th Central Pay Commission Pay Scale applicable w.e.f. 01.01.2016, in light of Para 155 of the Pension Regulations for the Army, 1961; this Court finds no reason to take a different view.ratio¶20
The petition suffers from gross latches and delay which remains inadequately explained; taking a similar view as in Union of India & Ors. v. No 2849994 Rfn (Reservist) Man Singh (D.B. Civil Writ Petition No. 7831/2025), the Court declines to interfere with such belated petitions.ratio¶21

Detailed headnote1 paragraphs

Division Bench, High Court of Judicature for Rajasthan, Jaipur (Sanjeev Prakash Sharma, Acting CJ and Baljinder Singh Sandhu, J; order dated 03/11/2025) dismisses the Union of India's writ petition (D.B. Civil Writ Petition No. 8996/2024) challenging Armed Forces Tribunal directions in favour of Ex-Sepoy Kehar Singh (Army No. 2849388) on revision of reservist pension. Holding the question no longer res integra — settled in several bunch of cases at the AFT Principal Seat and the AFT Regional Bench, Jaipur — the Court endorses that the benefit of revision of reservist pension under Para 5.2 of the Government of India letter dated 08.03.2010 is not applicable at par with pre-retirees of 01.01.2006, having been given w.e.f. 01.07.2009, 24.09.2012 and 01.07.2014, and that the reservist is entitled to 2/3rd of the minimum pension of a regular Sepoy in terms of the 7th Central Pay Commission Pay Scale (applicable w.e.f. 01.01.2016), in light of Para 155 of the Pension Regulations for the Army, 1961. The petition was additionally found to suffer from gross latches and delay inadequately explained, and was dismissed consistently with the Court's earlier decision in Union of India & Ors. v. No 2849994 Rfn (Reservist) Man Singh, D.B. Civil Writ Petition No. 7831/2025. The AFT-directed amount is to be released with interest @ 6% per annum expeditiously, not later than one month.

¶1

[2025:RJ-JP:44128-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Civil Writ Petition No. 8996/2024

¶4

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

¶5

Pr Controller Of Defence Account (Pension), Draupadighat, Allahabad (U.p)- 211014.

¶6

The Officer-In- Charge Records, Records The Rajputana Rifels, Pin - 900106 C/o 56 Apo.

¶7

----Petitioners

¶8

Versus

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Army No. 2849388 Ex-Sepoy Kehar Singh S/o Late Shri Gumana Ram, Aged About 80 Years, R/o Village Palota, Po - Palota, Tehsil-Buhana, District Jhunjhunu, State- Rajasthan. Pin

¶10

----Respondent

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For Petitioner(s) : Mr. Rahul Kamwar, Adv. For Respondent(s) :

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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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03/11/2025

¶15

The directions issued by the Armed Forces Tribunal (hereinafter referred to as ‘AFT’) challenged before us is no more res integra in several bunch of cases decided at Principal Seat of AFT as well as before AFT Regional Bench, Jaipur.

¶16

The provisions of Para 5.2 of letter dated 08.03.2010, issued by the Govt. of India, was upheld and it was settled that benefit of revision of reservist pension is not applicable at par with pre retirees of 01.01.2006, but have been given benefits w.e.f. 01.07.2009, 24.09.2012 and 01.07.2014. It was, however, decided that 2/3^rd of minimum pension of a regular Sepoy in terms

¶17

[2025:RJ-JP:44128-DB]

¶18

[CW-8996/2024]

¶19

(2 of 2)

¶20

of 7^th Central Pay Commission Pay Scale, which is applicable w.e.f. 01.01.2016, shall be payable to the reservist. The entitlement is of receiving 2/3^rd of minimum pension in light of Para 155 of Pension Regulations for the Army, 1961. We, therefore, do not find any reason to take a different view.

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We also noticed that this petition suffers from gross latches and delay, which remains inadequately explained. In “ Union of

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India & Ors. Vs. No 2849994 Rfn (Reservist) Man Singh” (D.B. Civil Writ Petition No. 7831/2025), we have taken a similar view of non interfering with such belated petitions.

¶23

Accordingly, we dismiss this petition with direction to release the amount as directed by the AFT with interest @ 6% per annum expeditiously not later than one month.

¶24

(BALJINDER SINGH SANDHU),J

¶25

(SANJEEV PRAKASH SHARMA),ACTING CJ

¶26

HEENA/DIKSHA/35

Union of India v. Army No. 2849388 Ex-Sepoy Kehar Singh S/O Late Shri Gumana Ram

Case brief

What is this about?

What did the court decide?

Union of India v. Army No. 2849388 Ex-Sepoy Kehar Singh S/O Late Shri Gumana Ram

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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