MOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The relief that is sought for in this writ petition is a direction to the respondents to sanction and pay war injury pension to the petitioner with effect from 24/4/1973.

(2.) The petitioner was enrolled as a soldier in the Indian Army on 4/1/1966. It is stated that the petitioner received two gun shot injuries on 11/9/1967 on the Chinese border. Documentary evidence in support of the said statement is placed on record which indicates that the petitioner was wounded on border skirmishes against China on 11/9/1967. It is alleged that consequent to the said injury, the petitioner was treated in the hospital. The petitioner was discharged from the Military Hospital on 23/4/1973. The petitioner was not paid any pension as he did not complete the qualifying service for getting such benefit. Although the petitioner was discharged from the military service on 23/4/1973, he raised no grievance for non-payment of any kind of pension to him for long years and slept over it. After expiry of about 27 years thereafter, the petitioner sent a legal notice to the respondents for grant of war injury pension to him. Having received no reply from the respondents, the petitioner has filed the present petition in this Court.

(3.) Counsel appearing for the respondents has taken up a preliminary objection contending, inter alia, that this writ petition is required to be dismissed on the ground of laches and delay for, no explanation has been given by the petitioner for not approaching this Court at an earlier stage and also for the delay of about 27 years.