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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
UNION OF INDIA AND OTHERS – Appellant
Versus
ARMY NO JC 258992 W SUBEDAR RETD PREM LAL CHANDEL AND ANOTHER – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves a challenge to an order passed by the Armed Forces Tribunal, Chandigarh, which directed the respondents to grant the benefit of broad-banding of War Injury pension from 30% to 50% for life, effective from 01.01.2008, along with arrears (!) (!) .
The petitioners argued that the benefit of arrears granted to the respondent was incorrect because, according to legal principles, arrears should only be granted for a limited period prior to the filing of the claim, and not for the entire intervening period (!) (!) .
The Tribunal's order was based on the respondent's claim for the benefit of broad-banding of pension, which the respondent had initially been denied but was later conceded by the petitioners during proceedings (!) .
The Tribunal permitted the respondents to withdraw the previous denial order and directed the petitioners to implement the benefit of broad-banding from 01.01.2008, including arrears, within two months, with interest if delayed (!) .
It was noted that the petitioners had conceded the respondent’s claim during proceedings, and there was no justification provided for the delay in granting the benefit, which had taken several years (!) (!) .
The legal principle that benefits should be granted promptly once conceded was emphasized, and the failure to do so was viewed as contrary to the obligations of a welfare state (!) .
The petitioners' argument regarding limiting arrears to a specific period was rejected based on established legal principles that support full arrears for the period the benefit was due, even if the claim was made belatedly (!) (!) .
The court found that the challenge to the Tribunal’s order after a significant delay was unjustified and dismissed the petition (!) (!) .
The petition was disposed of with no costs, and pending applications, if any, were also disposed of accordingly (!) .
Overall, the order of the Tribunal was upheld, and the petitioners were directed to implement the benefits without further delay (!) (!) .
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.35226 of 2025 (O&M)
Date of decision: 28th November, 2025 Union of India and others ..Petitioners Versus Subedar (Retd) Prem Lal Chandel and another ..Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Saksham Parmar, Advocate for the petitioners.
(Through V.C.)
HARSIMRAN SINGH SETHI , J(Oral)
1. In the present petition, the challenge is to the order passed by the Armed Forces Tribunal, Chandigarh (hereinafter referred to as ‘the Tribunal’) dated 01.08.2018 (Annexure P-2) whereby the petitioners are directed to allow the benefit of broad-banding of War Injury pension payable to respondent No.1 from 30% to 50% for life w.e.f. 01.01.2008 with arrears.
2. The only argument raised by the learned counsel for the petitioners is that the benefit of arrears granted to respondent No.1, in pursuance to granting the benefit of rounding off disability pension from 30% to 50% for life w.e.f. 01.01.2008, which has been granted to respondent No.1 for whole of the intervening period, is incorrect in view of the judgment in Shiv Dass Vs. Union of India and others, (2007) 9 SCC 274, wherein
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