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High Court of Punjab and HaryanaCWP/16943/2025dismissed

Union Of India And Others v. Birbal Singh And Another

2025-07-07Mr. Justice Sanjeev Prakash Sharma,Mrs. Justice Meenakshi I. Mehta2 pages

CWP No. 16943 of 2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 16943 of 2025 (O&M) DATE OF DECISION :-07.07.2025 Union of India and others

...Petitioners

Versus

Ex. Hav Birbal Singh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Akash Vashisth, Advocate for the petitioners. *** SANJEEV PRAKASH SHARMA, J. (ORAL) 1.

The challenge in this writ-petition is to the order dated 13.03.2019 (Annexure P-1) passed by respondent No.2-Armed Force Tribunal (for short 'the AFT') whereby the claim of respondent No. 1 for grant of War Injury pension has been wrongly allowed against the provisions of Government of India Policy dated 31.01.2001. 2.

We notice that the AFT has also taken into consideration the letter dated 31.01.2001 which allows grant of War Injury Pension. It is an admitted position that respondent No.1 was invalided out of service on account of the War Injury.

3.

However, in view of the Ministry of Defence letter dated 31.01.2001, we are of the firm view that there is no embargo in taking War Injury Pension. Accordingly, the instant writ-petition is without any force. The order passed by the AFT-respondent No.2 on 13.03.2019 (Annexure P1) is upheld. We notice that this writ petition has been filed in the year 2025 challenging the order passed on 13.03.2019(Annexure P-1) without any PARVINDER SINGH 2025.07.11 09:38 I attest to the accuracy and authenticity of this order/judgment

CWP No. 16943 of 2025 (O&M) clarification. No reasons are coming forward for inordinate delay and the writ-petition has to be dismissed on this count too. 4.

Accordingly, the present writ-petition is dismissed 5.

Pending application(s), if any, shall also stand disposed off. (SANJEEV PRAKASH SHARMA) JUDGE (MEENAKSHI I. MEHTA) JUDGE 07.07.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.07.11 09:38 I attest to the accuracy and authenticity of this order/judgment