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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
GURMEET SINGH SANDHAWALIA, RANJAN SHARMA
Union of India – Appellant
Versus
Kiran Chandel – Respondent
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
The principle of delay and laches applies to dismiss a writ petition filed after an unreasonable delay, emphasizing the need for timely legal action.
The Union of India cannot challenge orders after significant delays, as parties develop vested rights, and such delays amount to gross negligence.
The Union of India cannot challenge tribunal orders after significant delay without valid justification, emphasizing the importance of timely legal action.
The court emphasized that the law of limitation applies equally to all parties, including the government, and failure to act within a reasonable time results in dismissal of claims.
Inordinate delay of 17 years in filing a writ petition can preclude relief under Article 226, emphasizing the principle that delay defeats equity.
The main legal point established in the judgment is that the power of judicial review vested in the High Court under Article 226 of the Constitution is discretionary and extraordinary, and should not....
Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.
Delay in seeking judicial relief for family pension claims can bar entitlement, reinforcing the principle that 'delay defeats equity'.
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