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MANINDRA MOHAN SHRIVASTAVA, ANIL KUMAR UPMAN
Champa Devi, W/o. Late Ex. Sep Anji Singh – Appellant
Versus
Union Of India, Through Secretary, Ministry Of Defense, Govt. Of India – Respondent
JUDGMENT :
(Anil Kumar Upman, J.)
1. Heard.
2. The aforesaid writ petition has been filed challenging the order dated 28.11.2022 passed by Armed Forces Tribunal, Regional Bench, Jaipur (hereinafter referred to as 'the Tribunal' for brevity) whereby the Original Application (No.81/2011) filed by the petitioner was dismissed.
3. Brief facts of the case are that an application under Section 14 of the Armed Forces Tribunal Act, 2007 was filed by the petitioner wherein it was prayed that the respondents be directed to grant Service Pension along with consequential benefits for the lifetime of her husband Late Ex Sep Anji Singh from 30.09.1963 to 04.08.1966 and thereafter Family Pension. In the application, it was averred by the petitioner that her husband was enrolled in the Army on 05.05.1960 and after rendering more than three years of service, he was found medically unfit for further retention in service and was consequently discharged from service on 30.09.1963 under Army Rule 13 (3) III (iii). It was further averred by the petitioner that at the time of enrolment, her husband was physically and mentally fit but later on, he suffered from the disability while in service and was cons
Belated challenge to circulated seniority list after 10+ years dismissed on delay, laches and acquiescence; settled seniority not to be unsettled without explanation, protecting third-party rights.
Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.
Pension is a deferred portion of compensation for past service and a vested right that cannot be curtailed or restricted to a three-year period by the state authorities on grounds of delay once entit....
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