2025:HHC:8837 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 4630 of 2025 Decided on: 1st April, 2025 ____________________________________________________ Union of India and others ....Petitioners. Versus No. 14482366-L Ex. Sep Mohinder Singh ….Respondent. ________________________________________________________ Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 For the Petitioners: Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajeev Sharma, Advocate. Vivek Singh Thakur, Judge (oral) The present Writ petition is directed against the order dated 11.02.2019 passed by the Armed Forces Tribunal. 2. Initially the case was filed on 09.01.2024 before this Court almost after a period of four years and eleven months. On account of certain objections being raised by the Registry, the case had been returned. Resultantly, miscellaneous application being CMP No. 5599 of 2025 has been filed for condonation of delay in re-filing the Writ petition after removing the objections. Keeping in view the averments made in the application, duly supported by an 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:8837 - 2 - affidavit, the application for condonation of delay being CMP No. 5599 of 2025 is allowed. 3. In our considered opinion, the case is already covered by the principles laid down in CWP No. 2522 of 2025 titled as Union of India and others vs. Pawna Devi alongwith connected matters, decided on 25.02.2025, which reads as under: “25. It is not the case of Union of India that there is any fraud or misrepresentation in the present set of cases, whereby mainly the legal representatives of the Armed Forces are seeking redressal of their rights. The State or the public body can be given some acceptable latitude keeping in view the law laid down by the Hon’ble Apex Court in the principle of limitation and though no precise formula, as such, can be laid down, but we cannot brush aside the fact that the parties in view of the orders passed by the Tribunal could have also resorted to getting the orders executed by filing appropriate remedies and Tribunal has also granted the benefit of penal interest, if the payment is not made within the prescribed period. Inspite of this fact the Union of India chose to sit tight and chose not to file the writ petitions within a reasonable period which can be classified as one year and beyond the same, no indulgence can be granted. 26. Therefore, the period prior to 18.10.2023 as such between the date of the decisions ranging from May/August/November, 2022 cannot be condoned in any manner and therefore, we are of the considered opinion that the present writ petitions are liable to be dismissed on the grounds of delay and laches as on account of Union of India not having resorted to its legal remedies expeditiously or even having made reasonable effort to challenge the said orders or even take a decision as such to challenge the said orders for a period of over one year. The latitude as such on account of laxity on the department, in such circumstances cannot be extended. 27. Without going into the merits of the cases, we are of the considered opinion that there is a delay of over a year from passing of the orders and no effort was made to challenge the 2025:HHC:8837 - 3 - order passed by the Tribunal within a reasonable time, therefore, on account of the opinion given on 18.09.2023, the Union of India cannot raise the issue on merits.” 4. Position is worse in this case. Even after passing of the judgment, the petitioner filed an application for Leave to Appeal alongwith an application for condonation of delay of 1292 days which was also dismissed on 10.04.2024. Therefore the present Writ petition is liable to be dismissed on delay and laches. 5. The present Writ petition has been filed on 9th January, 2024, taking the stock plea which was noticed in Pawna Devi case (supra) decided on 25.02.2025 and therefore, no case is made out to entertain the present Writ petition in view of said principles. The present Writ petition is dismissed and disposed of alongwith pending application(s), if any. (Vivek Singh Thakur) Judge 1st April, 2025 (Ranjan Sharma ) (himani) Judge