Puran Chand Arya vs Union Of India And Ors.
2016 Latest Caselaw 4692 Del

$~28
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 6237/2016 , CM APPL No. 25560/2016
                                    Date of Decision: 20.07.2016
       PURAN CHAND ARYA                            .....Petitioner
                       Through: Mr.      Abhishek        Choudhary,
                                 Advocate with Mr. Sameer
                                 Sharma, Advocate
                          Versus
       UNION OF INDIA & ORS.                               ....Respondents

Through: Mr. Amit Mahajan, Advocate with Mr. Nitya Sharma, Advocate for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

MS. G. ROHINI, CHIEF JUSTICE. (ORAL)

CM No. 25560/2016 (exemption) Allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 6237/2016

1. The present writ petition has been filed as a Public Interest Litigation seeking directions to the respondent to formulate the exhaustive definition of "Sainik" , "Soldier" , "Fouji" ,"Jawan" of our nation and clearly specify which Armed Force Personnel are called and comes under the ambit of "Sainik", "Soldier" , "Fouji" , "Jawan".

2. Petitioner also prays for the following directions:

(i) To grant equal financial compensation/ benefits to all Armed Forces Personnel at par with other Armed Forces Personnel and uniformed personnel of our nation who also come under the definition of "Soldier", "Sainik", "Fouji" or "Jawan" .

(ii) To make the information in public domain and maintain proper records and a common pool regarding how much financial grant is received in the name of "Soldier", "Sainik", "Fouji", or "Jawan" welfare from the citizens of our country.

(iii) To constitute a regulating body to supervise the proper disbursement of funds collected in the name of "Soldier", "Sainik", "Fouji" , or "Jawan".

3. Mr.Abhishek Choudhary, learned counsel for the petitioner submits that though the petitioner approached the concerned authority by moving application under RTI Act seeking similar information as prayed for in this petition, they expressed their inability as the same was not available with them.

4. It is also submitted by him that Armed Force Personnel as "Soldier", "Sainik", "Fouji" ,"Jawan" of different Armed Forces are not treated equally by the Government in terms of recognition as "Soldier" or "Sainik", "Fouji" ,"Jawan" and there is no equality in disbursement of the Government funds being collected from the tax payers and the funds collected under Corporate Social Responsibility (CSR) from corporate houses for the welfare of the "Soldier" ,"Sainik", "Fouji" , "Jawan" of our nation.

5. It may, at the outset, be pointed out that the petition apart from being extremely vague, we found that the grounds urged do not cover the prayers as made in the petition. Even according to the petitioner, the words "Sainik" or "Fouji" or "Jawan" have not been defined in any Statute. As per the dictionary meaning, it appears to us that all these words are just synonyms of the word "Soldier". The averments in the petition as well as the relief sought being vague, we are not inclined to entertain the petition and the same is accordingly dismissed.

CHIEF JUSTICE

SANGITA DHINGRA SEHGAL, J

JULY 20, 2016 gr