UNION OF INDIA AND 3 OTHERS v. SHRI VIRENDRA SINGH
CMRAD/146/2026 · 2026-05-13
Arun Bhansali, Kshitij Shailendra
Review Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 2426 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2426 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 146 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. The review petition is barred by 363 days. 2. For the reasons indicated in the application supported by affidavit, the same is allowed. Delay in filing the review petition is condoned. 3. This review petition is in relation to order dated 03.04.2025 passed in Writ-A No. 3243 of 2025 wherein this Court, while deciding the writ petition filed by the respondent, had passed the following directions:-
"13. The order impugned dated 15.03.2023 passed by the Tribunal is modified only to the extent that the arrears shall be restricted with effect from three years preceding the date of filing of the writ petition before this Court and the date of filing of the writ petition before this Court is
10.08.1990. Rest of the directions contained in the order dated 15.03.2023 are maintained."
4. Submissions have been made that the grant of benefit of broad binding for personnel invalidated from service came into effect from 01.01.1996, hence, granting benefit from any period prior to 01.01.1996 is an error apparent on the face of record and, therefore, the order requires a review. 5. Counsel appearing for the respondent-petitioner made submissions that the plea raised in this regard is without any basis inasmuch as this Court only extended the period for grant of arrears from the date of filing of the writ petition before this Court instead of the date of the Transferred Versus Counsel for Applicant(s) : Shashi Prakash Rai Counsel for Opposite Party(s) : Ashok Kumar Singh, Deepak Vuttsya Union of India and 3 others .....Applicant(s) Shri Virendra Singh .....Opposite Party(s)
Application before the Tribunal and rest of the directions have not been altered and the petitioners are only required to comply accordingly. 6. We have considered the submissions made and have perused the material available on record. 7. The Tribunal while deciding the Transferred Application No. 4 of 2019, ordered as under:-
"13. In view of the above, the Transferred Application No. 04 of 2019 deserves to be allowed, hence allowed for the grant of disability pension. The impugned orders, rejecting the applicant's claim for grant of disability pension, are set aside. The disability of the applicant is held as aggravated by Army Service for life.
The applicant is entitled to get disability pension @ 30% for life from the next date of his invalidation which would be rounded off to 50% for life with effect from 01.01.1996. The respondents are directed to grant disability pension to the applicant @ 30% for life from the next date of his invalidation which would stand rounded off to 50% for life with effect from 01.01.1996. However, the arrears shall be restricted w.e.f. three years preceding the date application was received by this Tribunal by transfer. The date of receiving the application by this Tribunal by transfer is 01.04.2019. The respondents are further directed to give effect to this order within a period of four months from the date of receipt of a certified copy of this order. Default will invite interest @ 8% per annum till the actual payment." (emphasis supplied)
8. The effective portion, which is subject matter of the present review petition, provided that the 'respondent would be entitled to get disability pension at the rate of 30% for life from the next date of his invalidation which would be rounded off to 50% for life with effect from 01.01.1996'. The Tribunal further went on to order that arrears shall be restricted with effect from for three years preceding the date application was received by the Tribunal by transfer and the date of receipt was indicated as
01.04.2019. 9. This Court, as quoted herein-before, had only altered the date from the CMRAD No. 146 of 2026 2
date of transfer application to the date of the filing of the writ petition and the order as passed by this Court would be read in that context only.
The rest of the relief which was granted to the respondent has not been altered and, therefore, the apprehension of the petitioners that the order would be construed that even when the disability pension has been ordered to be rounded off to 50% with effect from 01.01.1996 would read as since 1987, cannot be countenanced. 10. However, we clarify the said aspect that in the order passed by the Tribunal only the date for arrears has been revised and no other aspect as ordered by the Tribunal has been revised by this Court. 11. With the above clarification, the review petition stands disposed of. 12. Though the order was passed by the Tribunal on 15.03.2023 and in the writ petition the same was modified on 03.04.2025, it is submitted by the counsel for the respondent that the order has not been implemented so far. 13. It would be required of the petitioners to ensure that the benefits pursuant to the orders passed by the Tribunal, as modified by this Court, are accorded to the respondent within a period of six weeks from the date of this order. May 14, 2026 RK/AKShukla CMRAD No. 146 of 2026 3 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad