Union Of India And ORS v. Sub Jagir Singh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17863-2025 (O&M) Decided on : 26.02.2026 UNION OF INDIA AND ORS . .Petitioners

Versus

SUB JAGIR SINGH AND ANR . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Ms. Promila Nain, Senior Advocate Senior Panel Counsel with Mr. Ish Karan Singh Chhabra, Advocate for the petitioners.

None for the respondents.

**** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, challenge is to the impugned order dated 28.03.2022 (Annexure P-1) passed by respondent No.2-Armed Forces Tribunal, Regional Bench Chandigarh in OA No. 1960 of 2018 (in short, 'the Tribunal') by which, the Tribunal had directed the petitioners to hold the ReSurvey Medical Board (herein after referred to as 'RSMB') of the respondent No. 1 for conducting his medical examination within a period of three months so as to assess the disability suffered by respondent No. 1 so as to decide whether he is entitled to the grant of disability element of disability pension or not.

2.

On being asked, learned Senior counsel for the petitioners has not been able to show as to how such direction issued by the Tribunal is RIYA 2026.02.27 15:43 I attest to the accuracy and integrity of this document

CWP-17863-2025 (O&M) -2contrary, illegal or beyond the jurisdiction of the Tribunal. 3.

Further, It may be noticed that the impugned order passed by the Tribunal has been challenged by the petitioners after a period of three years which shows that even the direction issued by the Tribunal has not been complied with so far by the petitioners, which conduct of the petitioners itself disentitles them for the grant of the benefits being prayed for.

4.

Keeping in view the totality of the facts and circumstances of the present case, wherein, the only direction given by the Tribunal was to constitute the Re-Survey Medical Board so as to assess the disability of the respondent No. 1 and also coupled with the fact that, no prejudice qua the said direction by the Tribunal has been shown by the petitioners to this Court,
 
 

  


 
    
    
 

   



  
   

 
    


       
  


   
  

    (HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 26.02.2026 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2026.02.27 15:43 I attest to the accuracy and integrity of this document