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2025 DAILYLAW 47003 (RAJ)

UNION OF INDIA v. NO. 1177298 EX GNR/DMT (RESERVIST) DEVI SINGH S/O LATE SHRI BHOM SINGH

CW/9481/2024 · 2025-11-11

Baljinder Singh Sandhu, Sanjeev Prakash Sharma

body2025

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[2025:RJ-JP:45314-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 9481/2024 1. Union Of India, (Through Its Secretary), To Government Of India, Ministry Of Defence South Block, New Delhi- 110011 2. The Pcda (Pension), Allahabad (U.p.) 3. Oic Records, Artillery Records, Pin-908802, C/o 56 Apo ----Petitioners Versus No. 1177298 Ex Gnr/dmt (Reservist) Devi Singh S/o Late Shri Bhom Singh, Aged About 79 Years, R/o Village And Post- Dhakas, Tehsil - Fatehpur, District - Sikar (Rajasthan) ----Respondent For Petitioner(s) : Ms. Manjeet Kaur with Ms. Taruna For Respondent(s) : Mr. Yogendra Singh HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 11/11/2025 1. 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. 2. 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 2/3rd of minimum pension of a regular Sepoy in terms [2025:RJ-JP:45314-DB] (2 of 2) [CW-9481/2024] of 7th 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 2/3rd 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. 3. We also noticed that this petition suffers from gross latches and delay, which remains inadequately explained. In “Union of 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. 4. Accordingly, we dismiss this petition with direction to release the amount as directed by the AFT with interest @ 8% per annum expeditiously not later than one month. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ GOURAV/MAHIMA/51