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High Court of Rajasthan · body

2025 DAILYLAW 49334 (RAJ)

THE UNION OF INDIA v. NO. 3151501A EX SEP (RESERVIST) BAJRANG LAL SON OF SHRI RAM NATH

CW/6702/2024 · 2025-10-27

Baljinder Singh Sandhu, Sanjeev Prakash Sharma

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:43013-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5865/2024 1. The Union of India, Through Secretary, Ministry of Defense, Government of India, DHQ Post, New Delhi. 2. The Chief Controller of Defense Accounts (Pension), Allahabad, UP. 3. OIC Records, The Rajputana Rifles PIN-900106 C/o 56 APO. ----Petitioners Versus No. 2847844 Ex. Sep (Reservist) Maha Singh S/o Shri Jora Ram, Aged About 72 Years, R/o Village Ilakhar, Post Gorir, Tehsil Khetri Nagar, District Jhunjhunu (Rajasthan). ----Respondent Connected With D.B. Civil Writ Petition No. 4474/2024 1. The Union of India, Through Secretary, Ministry Of Defence, Govt. of India, DHQ Post, New-Delhi. 2. The Chief Controller of Defense Accounts (Pension), Allahabad, U.P. 3. The Oic Records, Rajput Regiment, Fatehgarh, U.P. C/o 56. ----Petitioners Versus No. 2957667 Ex Sep(Reservist) Siriya S/o Shri Papaya, Aged About 75 Years, R/o Village- Rarado, Post- Madanpur, Tehsil- Bayana, District- Bharatpur (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 4522/2024 1. The Union Of India, Represented By Secretary, Ministry Of Defence, South Block, New Delhi-110011. 2. Principal Contoller Of Defence Accounts, Draupadi Ghat, Allahabad (Up), Pin-211014. 3. The Oic Records, Asc Records (Mt), Bangalore-560007. ----Petitioners Versus [2025:RJ-JP:43013-DB] (2 of 12) [CW-5865/2024] Smt. Omkala Devi Wd/o No. 13823263 Late Dvr Gokal Ram, Aged About 75 Years, R/o Village- Pohania, Post- Chittosa, Tehsil- Buhana, District- Jhunjhunu (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 4846/2024 1. The Union Of India, Through Secretary, Ministry Of Defence, Government Of India, Dhq Post, New Delhi. 2. The Chief Controller Of Defence Accounts (Pension), Allahabad, Up. 3. The Oic (Records), The Grenadiers Records, Pin 908776 C/o 56 Apo. ----Petitioners Versus No 2646287 Ex Sep (Reservist) Jagdev Singh S/o Shri Goru Ram, Aged About 75 Years, R/o Village- Firans Ka Bas, P.o.- Dhandhuri, Tehsil And District- Jhunjhunu (Rajasthan) ----Respondent D.B. Civil Writ Petition No. 5267/2024 1. Union Of India, Through The Secretary, Ministry Of Defence, South Block, Government Of India, New Delhi - 110011 2. Pcda (P), Allahabad (Up) - 211014 3. Oic Records, Armoured Corps, Pin-900476, C/o 56 Apo ----Petitioners Versus No. 1035840 Ex Sep (Reservist) Rameshwar Singh Son Of Late Shri Mukh Ram, Aged About 72 Years, Resident Of Village And Post Mohanpura, Tehsil Chirawa, Distt Jhunjhunu (Raj) ----Respondent D.B. Civil Writ Petition No. 5388/2024 1. The Union Of India, Through The Secretary, Ministry Of Defence South Block, Government Of India, New Delhi- 110011. 2. The Pcda (P), Allahabad (Up)-211001 3. The Oic Records, Records The Grenadiers, Pin - 908706 C/o 56 Apo [2025:RJ-JP:43013-DB] (3 of 12) [CW-5865/2024] ----Petitioners Versus No. 2653722 Ex Gdr (Reservist) Rawat Khan Son Of Jalphu Khan, Aged About 73 Years, Resident Of Village Sardarpura Post Chapri Tehsil Didwana, Distt. Nagaur (Raj.) ----Respondent D.B. Civil Writ Petition No. 5389/2024 1. Union Of India, Through Secretary, Ministry Of Defence, South Block, New Delhi. 2. The Principal Controller Of Defence Accounts (Pension), Allahabad (U.p.) 3. The Oic Records, Rajput Regiment, Fatehgarh. ----Petitioners Versus 1. Ex Sep Jagan No. 2957765H Son Of Shri Kishan Lal, Aged About 73 Years, Resident Of Village Kanjoli, Post Office Hindaun, Tehsil Todabhim, District Sawai Madhopur (At Present District Karauli), Rajasthan (Raj.) (Expired During The Pendency Of Writ Petition) Through Legal Heirs: (1/1)Smt. Rumali Devi W/o No. 2957765H Ex Sep (Rest) Late Shri Jagan, Resident Of Village Kanjoli, Post Office Hindaun, Tehsil Todabhim, District Sawai Madhopur (At Present District Karauli), Rajasthan (Raj.). (1/2)Yadram Singh S/o No. 2957765H Ex Sep (Rest) Late Shri Jagan, Resident Of Village Kanjoli, Post Office Hindaun, Tehsil Todabhim, District Sawai Madhopur (At Present District Karauli), Rajasthan (Raj.) ----Respondents D.B. Civil Writ Petition No. 5399/2024 1. The Union Of India, Through The Secretary, Ministry Of Defence, South Block, Government Of India, New Delhi- 110011 2. The Pcda (P), Allahabad (Up)- 211001 3. The Oic Records, Records The Grenadiers, Pin 908706 C/o 56 Apo. [2025:RJ-JP:43013-DB] (4 of 12) [CW-5865/2024] ----Petitioners Versus Smt. Bhawari Bano Widow Of No. 2644566 Ex. Gdr (Resesrvist) Phule Khan Son Of Ismail Khan, Aged About 77 Years, Resident Of Village Kurli Post Dikawa Tehsil Didwana Distt Nagaur (Raj) ----Respondent D.B. Civil Writ Petition No. 5465/2024 1. The Union Of India, Through The Secretary, Ministry Of Defence South Block, Government Of India, New Delhi - 110011 2. The Pcda (P), Allahabad (Up) - 211001. 3. The Oic Records, Records The Grenadiers, Pin-908706 C/o 56 Apo. ----Petitioners Versus No. 2653710 Ex Gdr (Reservist) Murad Khan Son Of Chhotu Khan, Aged About 71 Years, Resident Of Village Kudli Post Dikawa Tehsil Didwana Distt Nagaur (Raj.) ----Respondent D.B. Civil Writ Petition No. 5858/2024 1. The Union Of India, Through Secretary, Ministry Of Defense, Government Of India, Dhq Post, New Delhi. 2. The Chief Controller Of Defense Accounts (Pension), Allahabad, Up. 3. Oic Records, The Rajputana Rifles, Pin-900105 C/o 56 Apo. ----Petitioners Versus No. 2857395 Ex Rfn (Reservist) Jagdish Singh S/o Shri Lal Singh, Aged About 77 Years, R/o Vpo And Tehsil Buhana, District Jhunjhunu (Rajasthan) ----Respondent D.B. Civil Writ Petition No. 5866/2024 1. The Union Of India, Through Secretary, Ministry Of Defense, Government Of India, Dhq Post, New Delhi. 2. The Chief Controller Of Defense Accounts (Pension), [2025:RJ-JP:43013-DB] (5 of 12) [CW-5865/2024] Allahabad, Up. 3. The Oic Records, The Kumaon Regiment, Pin- 900473, C/o 56 Apo ----Petitioners Versus No. 4154994 Ex Sep (Reservist) Amar Singh S/o Shri Ganpat Ram Father/o Shri Ganpat Ram, Aged About 79 Years, R/o Village Kalgaon, Post Bamanwas, Tehsil Buhana, District Jhunjhunu (Rajasthan) ----Respondent D.B. Civil Writ Petition No. 5869/2024 1. The Union Of India, Through Secretary, Ministry Of Defense, Government Of India, Dhq Post, New Delhi. 2. The Chief Controller Of Defense Accounts (Pension), Allahabad, Up. 3. Oic Records, Kumaon Regimental Records, Ranikhet, Uttrakhand. ----Petitioners Versus No. 4154626 Ex Sep Net Ram S/o Shri Chatu Ram, Aged About 78 Years, R/o Vpo - Khandhwa, Tehsil Buhana, District Jhunjhunu (Rajasthan) ----Respondent D.B. Civil Writ Petition No. 6007/2024 1. The Union Of India, Through Secretary, Ministry Of Defense, Government Of India, Dhq Post, New Delhi. 2. The Chief Controller Of Defense Accounts (Pension), Allahabad (U.p.) 3. The Oic (Records), The Jat Regiment, Bareilly Pin- 243001 (Up) ----Petitioners Versus No 3142571 Ex Sep (Reservist) Har Narian S/o Shri Sheo Narian, Aged About 85 Years, R/o- Vpo-Bhir, Tehsil-Khetri, District- Jhunjhunu (Rajasthan) ----Respondent [2025:RJ-JP:43013-DB] (6 of 12) [CW-5865/2024] D.B. Civil Writ Petition No. 6049/2024 1. The Union Of India, Through Secretary, Ministry Of Defense, Government Of India, Dhq Post New Delhi. 2. The Chief Controller Of Defense Accounts (Pension), Allahabad (U.p.) 3. The Oic (Records), The Grenadier Records, Pin- 908776 C/o 56 Apo. ----Petitioners Versus Smt Sohni Devi Wd/o No. 2631479 Sep (Reservist) Mahadev Ram, Aged About 73 Years, R/o Village And Post- Kithana, Tehsil- Chirawa, District- Jhunjhunu (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 6139/2024 1. The Union Of India, Through The Secretary, Ministry Of Defense , South Block, Government Of India, New Delhi. 110011 2. The Pcda (P), Allahabad, (U.p)- 211001 3. The Oic (Records), Records, The Grenadiers, Pin 908706 C/o 56 Apo. ----Petitioners Versus No. 2646793 Ex Gdr (Reservist) Salawat Khan S/o Hamid Khan, Aged About 80 Years, R/o - Village And Post- Beri Chhoti, Tehsil - Didwana, District - Nagaur (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 6194/2024 1. The Union Of India, Through Secretary, Ministry Of Defence, Govt. Of India, Dhq Post, New Delhi. 2. The Chief Controller Of Defence Accounts (Pension), Allahabad, U.P. 3. Oic (Records), The Jat Regiment, PIN - 900496 C/o 56 APO. ----Petitioners Versus No. 3148409W Ex Sep (Reservist) Mahavir S/o Shri Kalu Ram, [2025:RJ-JP:43013-DB] (7 of 12) [CW-5865/2024] Aged About 80 Years, Resident Of Village - Chirasan, PO - Loyal, Tehsil Chirawa, District Jhunjhunu (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 6227/2024 1. The Union Of India, Through Secretary, Ministry Of Defense, Government of India, DHQ Post, New Delhi. 2. The Chief Controller of Defense Accounts (Pension), Allahabad, UP. 3. Oic Records, The Rajputana Rifles PIN-900106, C/o 56 APO. ----Petitioners Versus No. 2852248 Ex Sep (Reservist) Ram Narain S/o Shri Jai Ram, Aged About 82 Years, R/o Village And Post Mohanpur, Tehsil Chirawa, District Jhunjhunu (Rajasthan) ----Respondent D.B. Civil Writ Petition No. 6230/2024 1. The Union Of India, Through Secretary, Ministry Of Defence, Govt. Of India, DHQ Post, New Delhi. 2. The Chief Controller Of Defence Accounts (Pension), Allahabad, U.P. 3. OIC (Records), Records The Jat Regiment, Pin-900496 C/o 56 Apo. ----Petitioners Versus No. 3142329 Ex Sep (Reservist) Jhabar Ram S/o Shri Jaisa Ram, Resident Of Village And Post- Bakra, Tehsil And District Jhunjhunu (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 6557/2024 1. The Union of India, Through Secretary, Ministry of Defence, Government of India, DHQ Post, New Delhi. 2. The Chief Controller of Defence Accounts(Pension), Allahabad, U.P. 3. OIC (Records), The Jat Regiment C/o 56 APO. ----Petitioners [2025:RJ-JP:43013-DB] (8 of 12) [CW-5865/2024] Versus No. 3144721 Ex Sep (Reservist) Om Prakash S/o Shri Jagmal Singh, Resident of Village-Bisalwas And Post Barwas, Tehsil Loharu, Disrict Hissar At Present Resident of L-48, Sushant City, Kalwar Road, Machwa Jaipur. ----Respondent D.B. Civil Writ Petition No. 6702/2024 1. The Union of India, Through Secretary, Ministry of Defence, Govt. of India DHQ Post, New Delhi. 2. The Chief Controller of Defence Accounts (Pension), Allahabad, U.P. 3. OIC (Records), Records The Jat Regiment, PIN- 900496 C/o 56 APO. ----Petitioners Versus 1. No. 315501A Ex Sep (Reservist) Bajrang Lal Son of Shri Ram Nath, Resident Of Village- Gowali, Post- Khundania, Tehsil- Chirawa, Jhunjhunu (Rajasthan). (Deceased. Now Represented By) (i) Resham Wife Of Late Shri Bajrang Lal (Wife), Resident of Village-Gowali, Post-Khundania, Tehsil-Chirawa, Jhunjhunu (Rajasthan). (ii) Sis Ram Son of Late Shri Bajrang Lal (Son), Resident of Village-Gowali, Post- Khundania, Tehsil- Chirawa, Jhunjhunu (Rajasthan). (iii) Ram Nath (Father of Late Shri Bajrang Lal), Resident of Village-Gowali, Post- Khundania, Tehsil- Chirawa, Jhunjhunu (Rajasthan). (iv) Sarian Wife of Ram Nath (Mother of Late Shri Bajrang Lal), Resident of Village- Gowali, Post- Khundania, Tehsil- Chirawa, Jhunjhunu (Rajasthan). ----Respondents D.B. Civil Writ Petition No. 7354/2024 1. The Union of India, Through Secretary, Ministry of Defence, Govt. of India, DHQ Post, New Delhi. 2. The Chief Controller of Defence Accounts, (Pension) [2025:RJ-JP:43013-DB] (9 of 12) [CW-5865/2024] Allahabad, U.P. 3. The OIC Records, The Rajput Rejiment, PIN - 900427 C/o 56 APO. ----Petitioners Versus No. 2957519 Ex. Sep (Reservist) Ram Singh S/o Shri Lalji, Aged About 75 Years, Village Dant Ka Pura, Post Kotri Tehsil Hindaun, District- Sawai Madhopur. ----Respondent D.B. Civil Writ Petition No. 7570/2024 1. The Union of India, Through Secretary, Ministry of Defence, Govt. of India, DHQ Post, New Delhi. 2. The Chief Controller Of Defence Accounts, (Pension) Allahabad, U.P. 3. OIC Records, The Rajput Rejiment PIN-900427 C/o 56 Apo. ----Petitioners Versus Smt. Danrab Kaur Devi Widow Of No.2958658 Sep (Reservist) Ram Swaroop, Aged About 72 Years, R/o Village Dubbi Post Shri Mahaveerji, Tehsil Hindaun District Karauli(Rajasthan). ----Respondent D.B. Civil Writ Petition No. 8277/2024 1. The Union Of India, Through Secretary, Ministry of Defence Govt. of India, DHQ Post, New - Delhi. 2. The Chief Controller of Defence Accounts (Pension) Allahabad, Uttar Pradesh. 3. The Officer-In-Charge Records, Army Ordinance Corps, Secundrabad (A.P.). ----Petitioners Versus Mangal Chand S/o Shri Kalu Ram Ex Sepoly Ex No. 6869873 Of Army Ordnance Corps, Secundrabad, Resident of Village Mana- Ka-Baas, Post Bhatiwar, Tehsil Udaipur District Jhunjhunu, Rajasthan. ----Respondent [2025:RJ-JP:43013-DB] (10 of 12) [CW-5865/2024] D.B. Civil Writ Petition No. 8278/2024 1. The Union of India, Through Secretary, Ministry of Defence Govt. of India, DHQ Post, New Delhi. 2. The Chief Controller Of Defence Accounts (Pension), Allahabad, U.P. 3. OIC Records, The Jat Regiments Records, C/o 56 APO. ----Petitioners Versus Mp/ 3144153F Ex Sep (Reservist) Sardara Ram S/o Shri Chandru, Aged About 82 Years, R/o Village-Mehrana, Post- Singhana, Tehsil-Buhana, District -Jhunjhunu (Raj). ----Respondent D.B. Civil Writ Petition No. 8295/2024 1. The Union of India, Through Secretary, Department Of Defense Govt. of India, DHQ Post, New Delhi. 2. The Chief Controller Of Defense Accounts (Pension), Allahabad, UP. 3. OIC Records, Brigade of The Guards, Kamptee-441001. ----Petitioners Versus No. 4145357 Ex Gdsm Lal Chand, Aged About 78 Years, R/o Village Panthroli, Post-Bahlot, Tehsil- Buhana, District-Jhunjhunu (Rajasthan). ----Respondent D.B. Civil Writ Petition No. 9898/2024 1. The Union of India, Through Secretary, Ministry of Defence, Govt. of India, DHQ Post, New Delhi. 2. The Chief Controller of Defence Accounts (Pension), Allahabd, U.P. 3. The OIC Records, The Rajput Rejiment, PIN- 900427 C/o 56 APO. ----Petitioners Versus No. 2951712 Ex.sep (Reservist) Dharam Singh S/o Shri Chiranji, [2025:RJ-JP:43013-DB] (11 of 12) [CW-5865/2024] Aged About 76 Years, R/o Village And - Kariganwari, Post And Tehsil - Gangapurcity, District- Sawai Madhopur (Rajasthan) ----Respondent For Petitioner(s) : Mr. Samit Bishnoi Mr. Parag Rastogi Mr. Alok Garg Ms. Sonal Singh Mr. Aniket Vyas Mr. Gaurav Jain Ms. Manjeet Kaur Mr. Amit Jindal Mr. V.P. Mathur Mr. C.P. Sharma on behalf of Mr. Devesh Bansal For Respondent(s) : Mr. Yogendra Singh Mr. Tansukh Rai on behalf of Mr. Dhura Ram Mr. Lalit Singh Rathore on behalf of Mr. Prameshwar Pilania HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 27/10/2025 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:43013-DB] (12 of 12) [CW-5865/2024] 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 these petitions with direction to release the amount as directed by the AFT with interest @ 6% per annum expeditiously not later than one month. 5. A copy of this order be placed in each connected file. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ AMIT/54-79