HC gives Army authorities last chance in pension case with Rs 1 lakh costs

The Punjab and Haryana High Court has come down heavily on the Army and other authorities for “blatantly defying” its orders “by not even filing a reply or a compliance report” in a contempt petition filed by a 74-year-old ex-Army personnel seeking release of disability pension.

Taking up the matter, Justice Alka Sarin granted a last opportunity in the matter “subject to payment of Rs 1 lakh costs”. The direction came on the petition filed against Defence Secretary Rajesh Kumar Singh Chief of the Army Staff General Upendra Dwivedi and two other respondents by ex-signalman Gurcharan Singh through counsel GS Ghuman.

Justice Sarin noted that the respondents neither filed the compliance report nor deposited the costs as directed, despite repeated adjournments and earlier imposition of costs. The court observed that the petitioner was held entitled to service element of the disability pension.

But his disability pension as directed vide order dated November 8, 2024, was not released till date. “The petitioner is 74 years old and has been compelled to file the present contempt petition because of his disability pension not being released,” Justice Sarin asserted.

The bench added that notice of motion was issued on May 15 and a week’s time was sought to get instructions and file reply, following which the case was adjourned to July 4. Again, additional two weeks were sought to file the compliance report and the case was adjourned to July 31.

Justice Sarin observed time was sough yet again for filing compliance report and the case was adjourned to August 20, subject to payment of Rs 20,000 costs. The matter was adjourned again to September 11, subject to further payment of Rs 50,000 costs.

The respondents’ counsel subsequently told Justice Sarin’s bench that Rs 20,000 was deposited. “But Rs 50,000 costs were not deposited and that an attempt was made to deposit the same yesterday however the same could not be deposited as the file had already been sent to the court.”

Justice Sarin added the counsel for the respondents’ during the resumed hearing stated that they were not filing the compliance report as they had decided to challenge the order dated November 8, 2024.

“Neither the proof of the SLP having been filed has been shown to this court, nor any reply has been filed by the respondents. The respondents are blatantly defying the orders of this court by not even filing a reply or a compliance report,” Justice Sarin added.

Before parting, Justice Sarin asserted no ground was made out to further adjourn the case. “However, in the interest of justice one last opportunity is granted subject to payment of Rs 1 lakh costs… It is made clear that the costs are in addition to the costs earlier imposed vide orders dated July 31 and August 20.”