IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.09.2025 UNION OF INDIA AND ORS ...Petitioners Versus ABHISHEK KUMAR AND ANR ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Ms. Bhavana Datta, Senior Panel Counsel, for the petitioners.

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HARSIMRAN SINGH SETHI, J. (ORAL)

1. In the present petition, the challenge is to the order dated 03.07.2023 (Annexure P-1) passed by respondent No. 2-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘Tribunal’), wherein, a direction has been given to look into the claim of respondent No.1 for the grant of invalid pension and decide the same within a period of 3 months.

2. Learned counsel for the petitioners submits that the direction given by the Tribunal to consider the claim for grant of invalid pension, is incorrect.

3. We have heard learned counsel for the petitioners and have gone through the case file with her able assistance

4. The only direction given by the Tribunal is as under:-

“3. The reply filed to Para 4 (d) of the Original Application (last five lines) reads as under:-

"Unfit for employment in civil requiring high physical/mental fitness" and fulfils criteria, hence he is entitled to invalid pension in terms of above policy. Subsequently, Invalid Pension claim of the applicant has been processed by Arty Records vide letter No. 21021385F/IMB/Pen-2 dated 08th Oct 2022 to the Competent Authority Sanctioning Authority i.e. PCDA (P) Prayagraj duly audited by Pay Account Office for early notification of Pension Payment Order which will take considerable time for finalization".

4. It is, thus, seen that the respondents have themselves processed the claim of the applicant for the grant of invalid pension. Being so, leaving the questions of law and facts involved in this application open, the same is disposed of with a direction to the respondents to expedite the grant of invalid pension to the applicant as expeditiously as possible, however, not later than three months from the date of receipt of certified copy of this order by learned C.G.C/OIC, Legal Cell.”

5. A bare perusal of the above would show that direction was given to expedite the process for grant of invalid pension as the same was already under consideration and it was held that respondent No.1 fulfilled the criteria for the grant of invalid pension. The agony is that the said direction was given by the Tribunal on 03.07.2023 and more than 2 years have passed but the same has not been implemented, even though the same was required to be implemented within a period of three months.

6. Keeping into the totality of the circumstances, no ground is made out for any interference by this Court. It is made clear that in case, appropriate order, as has been directed by the Tribunal vide the order dated 03.07.2023, has not been passed till date, the same be passed within a period of two months from the date of the receipt of the copy of this order, otherwise, serious view will be taken against the concerned.

7. The present writ petition is disposed of accordingly.

( HARSIMRAN SINGH SETHI )

JUDGE ( VIKAS SURI )

September 08, 2025 JUDGE harish Whether speaking/reasoned Yes Whether reportable No