Allahabad High Court
Smt. Manikaraji Devi vs Union Of India Thru. Secy. Ministry Of ... on 22 May, 2024
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:38671-DB
Court No. - 2
Case :- WRIT - A No. - 4017 of 2024
Petitioner :- Smt. Manikaraji Devi
Respondent :- Union Of India Thru. Secy. Ministry Of Defence, Govt. Of India , New Delhi And Others
Counsel for Petitioner :- Sudhir Kumar Singh,Abhishek Singh
Counsel for Respondent :- A.S.G.I.
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
1. Heard Shri Sudhir Kumar Singh, learned Counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned Counsel for respondents.
2. By means of this petition the petitioner, who is widow of late Ex. Recruit Bibhuti Singh, has challenged the judgment and order dated 10.02.2021 passed in O.A. No.221 of 2020. The said O.A. was filed in the year 2020 seeking the following reliefs :-
"(i) The Hon'ble Tribunal may be pleased to set aside the rejection orders dated 09.09.1965 and first appeal rejection order dated 10.12.1965 and 08.10.2017 (communicated vide letter dated 28.10.2017) after summoning the same from its original along with Medical board Proceedings.
(ii) The Hon'ble Tribunal may be pleased to direct the respondents to grant disability pension with effect from the date of discharge i.e. 22.02.1964 alongwith Broad Banding to 50% and its arrears and interest thereon at the rate of 18% per annum.
(iii) Any other appropriate order or direction which this Hon'ble Tribunal may deem just and proper in the nature and circumstances of the case including cost of the litigation.
(iv) Cost of the application."
3. The Armed Forces Tribunal, Regional Bench, Lucknow has dismissed the O.A. essentially on the ground that it is barred by limitation.
4. The facts in nutshell are that the petitioner' husband was enrolled in the army on 25.03.1963. He was invalided out from service on 22.02.1964 after rendering 11 months and 27 days service, on medical grounds with disability 'Flexion Contracture of Distal Phalanx of Left Middle Finger'. His claim for disability pension was rejected on 28.09.1965. He never challenged the said orders before the Court or Tribunal, as the case may be. Learned Counsel for the petitioner informed that her husband expired on 10.10.1985. There is nothing on record to show that at any point prior to his death he raised any challenge to the said order before the appropriate forum or Court as the case may be. The petitioner wife filed the aforesaid Original Application 35 years after death of her husband and more than 55 years from the date of cause of action which arose in 1965. The limitation for filing an original application is prescribed under the Armed Forces Tribunal Act as six months. The Tribunal cannot be faulted for having rejected such a belated claim which is apparently barred by limitation.
5. We see no error in the judgment of the Tribunal. Dismissed.
(Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 22.5.2024
Anand Sri./-
