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2025 DAILYLAW 38819 (RAJ)

THE UNION OF INDIA v. SMT. SAJAN KANWAR WIDOW OF NO. 1150481 LATE EX. GNR (RESERVIST) BHIM SINGH

CW/8765/2024 · 2025-10-07

Baljinder Singh Sandhu, Sanjeev Prakash Sharma

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:40670-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8765/2024 1. The Union Of India, Through The Secretary, Ministry Of Defence, South Block Government Of India, New Delhi- 110011. 2. The Pcda (P), Allahabad (U.p.)-211014. 3. The Oic Records, Records Artillery, Pin-908 802, C/o 56 Apo. ----Petitioners Versus Smt. Sajan Kanwar Widow Of No. 1150481 Late Ex. Gnr (Reservist) Bhim Singh, Son Of Late Sh. Radmal Singh, Age 77 Years, R/o Village Amarsingh Pura, Post Pilod, Teh Surajgarh, Distt. Jhunhunu, Rajasthan. ----Respondent For Petitioner(s) : Ms. Manjeet Kaur HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 07/10/2025 1. It is stated that during the pendency of the petition, the respondent has expired. The notices were never served upon the respondent. 2. We find that the Armed Forces Tribunal (for short ‘AFT’) passed an order granting relief of reservist pension and family pension to the widow, who has expired during pendency of this petition. 3. We in the case of The Union of India and Ors. Vs. No. 7232519 Ex Swr (Reservist) Om Prakash (D.B. Civil Writ Petition No.9584/2024, decided on 08.09.2025) and other connected matters have already held as under:- [2025:RJ-JP:40670-DB] (2 of 2) [CW-8765/2024] “1. The benefit of revision of reservist pension by revision of 2/3rd of the minimum pension of regular Sepoy as per the 7th 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 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. 2. The present petitions have been filed by Union of India seeking to re-agitate the matter which stands already well settled in several cases. 3. We noticed that judgments passed by AFT are in favour of the respondents. 4. 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. 5. We do not find any reason therefore to entertain these civil writ petitions at such a belated stage, hence, the same are dismissed with direction to release the amount as directed by the AFT along with interest @ 12% per annum.” 4. The writ petition is accordingly dismissed as above in the same terms as the Tribunal had already passed an order in the favour of the late respondent. 5. We direct the petitioner to now release the amount to the known LRs of the late respondent. 6. Pending application(s), if any, stands disposed of. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ DANISH USMANI /50