'Unfortunate Situation': Punjab & Haryana High Court Flags Lackadaisical Attitude Of Union Govt In Complying With AFT Orders

The Punjab & Haryana High Court has expressed "its deep disappointment and anguish towards the lackadaisical attitude" of the Union Government authorities for not complying with the Armed Forces Tribunal (AFT) orders.

The development came while hearing a plea of a widow of retired army personnel seeking directions to the Union Government to implement AFT Chandigarh's direction to grant family pension pending implementation for the last one and a half years.

Justice Sudhir Singh and Justice Karamjit Singh said, "it is a very unfortunate situation where instead of implementing the order passed by the AFT, the respondents have compelled the petitioner, who is a widow of a retired Army personnel, to knock on the door of this Court. Still further, in the execution application before the AFT, despite issuance of directions from time to time for implementation of the order dated 01.11.2022, the said order has not been complied with till date. It is undisputed that the order dated 01.11.2022 passed by the AFT has attained finality as no appeal or revision has been filed by the official respondents against the said order."

 Shiv Dei Guleria,  moved the High Court seeking issuance of a writ in the nature of mandamus directing Union Government authorities to implement the order passed in November 2022 by the AFT, Regional Bench, Chandigarh, whereby the respondents were directed to grant family pension to the petitioner within a period of three months.

The counsel appearing for the widow contended that the order passed by the AFT in 2022, is not being implemented by the Union Government authorities, despite the fact that in the execution application filed by the petitioner before the AFT, various directions had been issued to comply with the said order.

While accepting notice on behalf of Union Government, Senior Panel Counsel, Geeta Singhwal submitted that the Execution Application before the AFT is fixed for September 25, and that the order passed by the AFT will be implemented by the respondents before the said date.

After hearing the submissions, the bench said, "No explanation, however, is forthcoming as to why the order dated 01.11.2022 passed by the AFT, has not been complied with till date."

Be that as it may, this Court records its deep disappointment and anguish towards the lackadaisical attitude of the official respondents, it added.

The bench further said,  as a matter of fact, we find no justification on "the part of the official respondents, in not complying with the order dated 01.11.2022 passed by the AFT, for the last more than 1-1/2 years."

While disposing of the plea, the Court directed the AFT, "to conclude the execution proceedings pending before it expeditiously, but not later than three months."

Lt. Col. Naresh Ghai, Advocate for petitioner.

Mrs. Shiv Dei Guleria v. UOI & Ors.

2024 LiveLaw (PH) 167

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