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High Court of Punjab and HaryanaCWP/5580/2025dismissed

Union Of India And Others v. Rumla Devi And ANR

2026-04-01Mr. Justice Harsimran Singh Sethi,Mr. Justice Deepak Manchanda3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 108+241 CM-16548-CWP-2025 in/and CWP-5580-2025 (O&M) Decided on :01.04.2026 UNION OF INDIA AND OTHERS

...Petitioners

Versus

RUMLA DEVI AND ANR . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE DEEPAK MANCHANDA PRESENT: Mr. Naveen Gupta, Advocate for the petitioners.

Mr. Chakshu Sharma, Advocate for the respondent No. 1 **** HARSIMRAN SINGH SETHI , J. (Oral) CM-16548-CWP-2025 The prayer in the present application filed is for placing on record Annexure R-16 & Annexure R-17 on behalf of respondent No. 1. Keeping in view the averments mentioned in the application, the same is allowed. Copy of Annexure R-16 & Annexure R-17 are taken on record subject to all just exceptions.

CWP-5580-2025 1.

In the present petition, the challenge is to the impugned order dated 10.04.2023 (Annexure P-3) passed by respondent No.2-Armed Forces

CWP-5580-2025 (O&M) Tribunal, Regional Bench Chandigarh (in short, 'the Tribunal') by which, respondent No.1 has been found entitled for the grant of benefit of family pension keeping in view the service rendered by her late husband namely, Gorakh Ram.

2.

Learned counsel for the parties submit that the issue raised in the present petition with regard to the grant of benefit of condonation of service so as to consider the service of the officer concerned to the minimum of 15 years, which is required for the grant of disability pension including the family pension and thereafter, service pension as the case may be, has already been decided by the Hon'ble the Supreme Court of India while passing judgment in Union of India and others Versus Balakrishnan Mullikote (Ex.HAV 256812 M) Civil Appeal arising out of Diary No.27446 of 2023, decided on 24.03.2026.

3.

We have heard learned counsel for the parties and have gone through the case file with their able assistance. 4.

Keeping in view the above, the present petition is also disposed of in the same terms and conditions as held in Balakrishnan Mullikote's case (supra) and the petitioners are directed to pass an appropriate order with regard to the claim of respondent No. 1 for the grant of family pension/service pension as per the judgment passed by Balakrishnan Mullikote's case (supra).

5.

Let the present order be complied with by the petitioners within the period of eight weeks from the date of receipt of certified copy of this order.

CWP-5580-2025 (O&M) 6.

It is made clear that in case, any order passed by the petitioners is contrary to the observations given by the Hon'ble Supreme Court of India in Balakrishnan Mullikote's case (supra), the same will not only be treated perverse to the settled principle of law but will also amount to the contempt of the Court.

7.

Miscellaneous application pending, if any, is also disposed of. (HARSIMRAN SINGH SETHI) JUDGE ( DEEPAK MANCHANDA ) JUDGE 01.04.2026 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No