Sr. No.12 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1898/2024 1. Union of India, Ministry of Defence, South Block, New Delhi-110011. 2. Additional Director General Personnel Services, Adjutant General’s Branch, Integrated HQ of Ministry of Defence (army), DHQ PO, New Delhi- 110 001. 3. OIC Records, DSC Records, Pin- 901277, C/o 56 APO. 4. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad, Uttar Pradesh- 211014. …. Petitioner/Appellant(s) Through:- Mr. Vishal Sharma, Sr. Advocate with Mr. Eishaan Dadhichi, CGSC V/s No 3973149H Ex Hav Madan Lal, S/o Shri Durga Dass, R/o Village: Chak Kadre, Post Office: Khairi, Tehsil: Bishnah, District: Jammu, (J&K)-181132. …..Respondent(s) Through:- None CORAM: HON’BLE MR. JUSTICESANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 26.08.2025 (O R A L) 1. Impugned in this petition, filed by the Union of India under Article 226 of the Constitution of India, is an order and judgment dated 29.03.2019 passed by the Armed Forces Tribunal, Regional Bench, Srinagar at Jammu [“the Tribunal”] in OA No. 20/2019 titled 2 WP(C) No. 1898/2024 “Madan Lal Vs. Union of India & Ors.”, whereby, the Tribunal has allowed the benefit of rounding off in favour of the respondent and has directed the petitioners to pay arrears along with interest @ 8% per annum with effect from the date of passing of the impugned order. 2. The impugned judgement is challenged by the petitioners on the ground that the Tribunal has not appreciated the fact that the respondent had approached the Tribunal after more than two decades of the accrual of the cause of action and, therefore, could not have been held entitled to the arrears for the entire period. 3. Having heard learned counsel for the parties and perused the judgment impugned, we are of the considered opinion that this petition is hit by delay and laches. 4. Indisputably, the judgment in OA No. 20/2019 was passed on 29.03.2019 and the instant petition was filed in this Court in the year 2024 i.e. after about five years. The judgment was all along in the notice of the petitioners. As a matter of fact, as stated by Mr. Vishal Sharma, learned Sr. Advocate, the judgment was partially complied with, however, with regard to the payment of arrears beyond the period of three years of filing of the OA, the matter is being contested before the Tribunal. The execution petition is stated to be pending before the Tribunal since the year 2020. 5. We have gone through the memorandum of writ petition in its entirety and do not find any good explanation coming forth to explain the delay of five years in approaching this Court. Relying upon the judgment passed by a Division Bench of this Court, we are of the 2 WP(C) No. 1898/2024 view that this petition, too, is hit by inordinate delay and laches and, therefore, cannot be entertained. 6. For the foregoing reasons, we are not inclined to entertain this petition and the same, is accordingly, dismissed along with connected application(s), if any. 7. Dismissal of this petition on the ground of delay and laches shall not prejudice the petitioners in respect of their stand, if any, taken by them or to be taken by them, before the Tribunal in the execution proceedings. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 26.08.2025 Diksha Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No