Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 22273 (RAJ)

THE UNION OF INDIA v. SMT. ASMAN KANWAR WD/O LATE EX-6845057 SEP. ARJUN SINGH

CW/9959/2025 · 2025-07-25

Chandra Prakash Shrimali, Sanjeev Prakash Sharma

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28092-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 9959/2025 1. The Union of India, Through Its Secretary, Ministry of Defence, Government of India, New Delhi. 2. The Chief of Army Staff, Army Headquarter, New Delhi 3. Senior Records Officer, Sena Ayudh Corps Abhilekh Karyalaya, Army Ordnance Corps Record Officer, Post Box No. 3, Tribulgherry Po, Secunderabad-500015. 4. Controller of Defence Accounts (Pension), Allahabad. ----Petitioners/Non Applicants Versus Smt. Asman Kanwar Wd/o Late Ex-6845057 Sep. Arjun Singh, Aged About 64 Years, Resident Of Village/PO Hanspur, Tehsil And Via Sri Madhopur, District Sikar (Rajasthan). ----Respondent For Petitioner(s) : Mr. Amit Jindal For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI JUDGMENT 25/07/2025 1. This is the writ petition which suffers from gross latches and delay. The order passed by the learned Armed Forces Tribunal, Regional Bench, Jaipur dated 11.01.2012 and the order passed in Review Application dated 16.08.2022 is challenged before us by filing a writ petition in the month of July, 2025. 2. The Authorities including the writ petitioners have shown scant respect to Court’s order, merely by filing a simple review petition in the year 2013. They have decided upon themselves that the orders are not required to be complied with, even after the review petition was decided in the year 2022, no reasons have [2025:RJ-JP:28092-DB] (2 of 2) [CW-9959/2025] come forward for non-compliance. We are informed that the Officers of the Personal Service Directorate Army Headquarters would be responsible for compliance of the order passed by the AFT, but they have shown a lackadaisical approach, which this Court had deprecated time and again. This Court as well as other High Courts have been burdened with unnecessary litigation arising from the Armed Forces Tribunal, where the judgments and orders were passed long back and which are in compliance of Supreme Court’s judgments. 3. In the present case also, no cogent reasons are coming forward for not having taken up the remedies in the superior Courts at that relevant time, if the petitioners were seriously aggrieved. It seems that the Authorities in the garb of the judgment passed by the Supreme Court in the case of “Union of India & Ors. Vs. Parashotam Dass” (2025) 5 Supreme Court Cases 786, have decided to test each and every case decided by the Armed Forces Tribunal before this Court without application of mind. 4. In view of the above, we dismiss this petition imposing a cost of Rs.1,00,000/- (Rupees One Lakh Only) to be paid to the widow who is waiting for the implementation of the order passed way back in the year 2012. 5. Compliance report shall be submitted within one month. 6. List this matter on 08.09.2025 to only see the compliance. 7. Pending application(s), if any, stand(s) disposed of. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J AMIT/GAURAV/46