28 Years Delay: Delhi High Court Denies Claim Of CRPF Deserter's Wife For Family Pension, Other Benefits

Citing 28 years' delay in approaching the Court, the Delhi High Court dismissed a wife's plea claiming family pension and other benefits with interest from the CRPF after her husband's death.

Justice Manmohan and Justice Navin Chawla dismissed the petition filed by one Birmati, whose husband was declared as a deserter by the CRPF and was dismissed from service in absentia in 1993.

The petition sought grant of family pension to the wife from the date of declaration of deceased husband as deserter from CRPF and associated financial and other benefits including an interest at the rate of 10% on the arrears as due.

"This Court is of the view that the petitioner after a lapse of nearly twenty eight years of dismissal of service of her deceased husband cannot ask for family pension and other benefits along with interest. Accordingly, the present writ petition along with pending application is dismissed on the ground of laches," the Court said while dismissing the plea.

It was the case of the petitioner wife that two petitions seeking grant of compassionate allowance were dismissed as withdrawn in the year 2015 and 2019 with the liberty to file a proper petition explaining the delay in approaching the court for relief.

Hearing the parties and going through the records filed in the matter, the Court observed:

"Along with present writ petition no medical documents have been annexed in order to show that the petitioner was either suffering from prolonged illness or she has a deteriorating health."

The Petitioner's husband was declared a deserter by the CRPF and dismissed from service in absentia as far back as in July, 1993. In this regard, the Bench nook note of the Supreme Court's decision in Chairman, UPPCL v. Ram Gopal, where it was held that law favours the vigilant and not the indolent.

"It has also been repeatedly held by the Supreme Court that repeated representations by the petitioner would not extend the time period to file the writ petition," the Court added and dismissed the case.

Case Title: MRS BIRMATI WD OF LATE CT DVR JAGBIR SINGH v. UNION OF INDIA & ANR.

Click Here To Read Order