The principle of delay and laches applies to dismiss a writ petition filed after an unreasonable delay, emphasizing the need for timely legal action.

JUDGMENT :

G.S. Sandhawalia, CJ.

1. Present appeal is directed against the order dated 20.12.2021 [Annexure P-3] passed by the Armed Forces Tribunal, Chandigarh Regional Bench Circuit Bench at Shimla, in OA No. 1488 of 2016, titled as Smt. Kiran Chandel vs. Union of India and others.

2. The Tribunal as such by the said order restored the family pension in favour of the applicant [respondent herein], who was widow of an ex-serviceman and whose family pension has been stopped on the ground that she got married to younger brother of thesaid ex-serviceman, as she had two daughters to maintain. It has also come on record that second husband of the respondent also expired and the present appellants had discontinued the family pension, though, one daughter was given the same.

3. It is in these circumstances, the Tribunal allowed the application filed by the respondent by placing reliance upon the judgment passed by the Principal Bench of Armed Forces Tribunal in Smt. Saroj Devi Vs. Union of India and others, 2010 SCC Online AFT 41.

4. We are of the considered opinion that the present writ petition filed at the belated stage i.e. on 29.03.2025, after a period of more than three years, is liable to be dismissed, keeping view the order passed by us in connected matters, lead case of which was CWP No.2522 of 2025 titled as Union of India and others vs. Pawna Devi alongwith connected matters, decided on 25.02.2025. Relevant portion of said judgment reads as under:-

“4. We are of the considered opinion that though there is no period prescribed for filing the writ petitions which challenge the orders of the Tribunal while invoking the power under Article 226 of the Constitution of India, but the Union of India cannot be permitted free play, as such to challenge the said orders at its own whims and fancies after a period of over two years in all these set of cases. The parties to the litigation have developed a vested right as such after the orders have come in force in their favour and for the Union of India as such to file these writ petitions after the delay as mentioned above, cannot as such be countenanced in the absence of any justifiable reasons.

5. The stock reason given for delay is that in Civil Appeal No. 447 of 2023 titled as Union of India & Ors. vs. Parashotam Dass, was decided on 21.03.2023, wherein the Hon’ble Apex Court held that there is no restriction to exercise the power under Article 226 of the Constitution of India to challenge the orders passed by the Armed Forces Tribunal. The fall back has been made on an opinion dated 18.09.2023 given by learned Attorney General to file writ petitions to challenge the said order and therefore, justification has been made that a decision was taken on 18.10.2023, based on the said advice.

6. It is also not disputed that prior to the order passed in the case of Parashotam Dass [supra], there was a right of appeal to the Supreme Court under the Armed Forces Tribunal Act of 2007, prescribing a period of 90 days of the said decision under Section 30 of the Act.

7. There is nothing to show that after passing of the order of Tribunal, the Union of India had preferred its remedy before the Hon’ble Apex Court within the prescribed period. Only on account of the fact that judgment has been passed in the case of Parashotam Dass [supra] and opinion has been given by learned Attorney General to a set of cases, the sufficient cause is sought to be made out.

8. Thus, we can safely hold that there is deliberate inaction and lack of bonafide by the Union of India which amounts to gross negligence and the Union of India cannot take advantage of an order passed by the Hon’ble Apex Court whereby, the right to challenge the orders of the Armed Forces Tribunal has been cemented by noticing that constitutional provisions under Article 226 of the Constitution of India cannot be curtailed.

9. As per averments made in the writ petitions itself, the decision to file the writ petitions was only taken on 18.10.2023 after