Parmjit Kaur v. Union Of India And Others

CWP-20360-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CWP-20360-2024 Date of Decision: 23.8.2024 Paramjit Kaur ....Petitioner

VERSUS

Union of India and others ....Respondents CORAM:- HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Rajinder Ghai, Advocate, for the petitioner.

******* SUDHIR SINGH, J. (Oral) By way of the present writ petition, the petitioner has sought issuance of an appropriate writ for directing the respondents to implement the order dated 1.2.2021 (Annexure P-1) passed by the Armed Forces Tribunal, Chandigarh Bench in OA No.138 of 2017, titled as Lt. Col. Gurpal Jit Singh (Retd.) v. U.O.I. & others, whereby petitioner has been held entitled for the disability pension.

2.

Learned Armed Forces Tribunal vide order dated 01.02.2021, had disposed of the Original Application filed by the husband of the petitioner with certain directions. For the compliance of the said order, the petitioner being the wife of the applicant (since deceased) filed MA(E) 983 of 2022 (Annexure P-2).

3.

Learned counsel for the petitioner submits that the execution application filed by the petitioner has been pending adjudication for the last two years before the learned Armed Forces Tribunal, but despite various HIMANSHU 2024.09.02 13:37 I attest to the accuracy and authenticity of this order/judgment.

CWP-20360-2024 directions, the same has not been decided till date. 4.

At this stage, Ms. Bhavana Datta, Sr. Panel Counsel for Union of India present in Court on the service of the advance notice, submits that the petitioner is seeking execution of the relief which was never granted to her late husband, while disposing of the Original Application vide order dated 01.02.2021.

5.

Be that as it may considering the nature of relief being sought in the present writ petition and without expressing any opinion on the merits of the case, the instant writ petition is disposed of with a direction to the Tribunal to take necessary steps to dispose of the aforesaid execution application by passing a final order, in accordance with law, preferably within a period of 03 months from the date of receipt or production of a certified copy of this order. It is expected that Union of India shall cooperate in the disposal of the execution application. 6.

Pending application(s), if any, shall also stand disposed of. ( SUDHIR SINGH ) JUDGE ( KARAMJIT SINGH ) JUDGE August 23, 2024 Himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2024.09.02 13:37 I attest to the accuracy and authenticity of this order/judgment.