HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2348/2025 CM No. 5433/2025 Union of India and ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC v/s Charan Dass .....Respondent(s) Through :- CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 01.09.2025 1. In this petition filed under Article 226 of the Constitution of India, the Union of India along with three others seek to challenge the order and judgment dated 29.03.2019 passed by Armed Forces Tribunal original Bench Srinagar at Jammu [“the Tribunal”] in OA No. 18/2019 , titled, “Charan Dass vs. Union of India & Ors.” to the extent that it does not restrict the payment of arrears to three years immediately preceding filing of OA before the Tribunal. 2. The impugned judgment is challenged on the ground that the Tribunal has not appreciated the fact that the respondent had approached the Tribunal after more than two decades after accrual of cause of action and therefore could not have been held entitled to the arrears of disability pension for the entire period. 3. Having heard the learned counsel for the petitioners and perused the judgment impugned, we are of the considered opinion that this petition is hit by delay and laches. Sr. No. 7 2 WP(C) No. 2348/2025 4. Indisputably, the judgment in OA No. 18/2019 was passed by the Tribunal on 29.03.2019 in which the respondent was unequivocally held entitled to the arrears without imposing any restrictions of time. The judgment was all along in the notice of the petitioners. The contempt petition filed by the respondent before the Tribunal in the year 2020 is also being contested by the petitioners and therefore, they cannot plead ignorance of the judgment or its import on any ground whatsoever. 5. We have gone through the writ petition and the material on record and do not find any good explanation coming forth to explain the delay of more than six years in approaching this Court. Relying upon the judgment passed by the Division Bench of this Court in WP(C) No. 2314/2025 dated 22.08.2025, we are of the view that this petition too hit by inordinate delay and laches, 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 connection applications. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 01.09.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.09.01 17:15 I attest to the accuracy and integrity of this document