Shri Papu Singh So Late Chatter Singh LR of Late Rfn Sawat Singh vs UOI & Others on 25 August 2026

**ORDER**

**25.08.2026**

1. The applicant herein claiming to be the Nephew of late Rfn Sawant Singh, while not citing the relevant Section of Armed Forces Tribunal Act-2007 under which this application is being filed, as it has been left Blank, has filed this Application praying for allowing this application with costs and that the Respondents may be directed to grant the martyr benefits, including service and financial benefits to the successor of late Rfn Sawant Singh by framing a timeline fixed for compliance of the Order. He has also prayed for grant of any other relief which the Hon'ble Tribunal deems fit.

2. Brief facts of the case as enunciated by the applicant are that late Rfn Sawant Singh was cared, fostered and educated by the parents of the applicant right from his childhood and had treated him as a son of parents of the applicant. Late Rfn Sawant Singh also respected the parents of the applicant and in fact, late Rfn Sawant Singh is the de-facto son of applicant's father, Chatter Singh. Rfn Sawant Singh joined the Army in the month of October, 1949 and martyred in 1962. The applicant further submitted that the applicant is the successor of late Sawant Singh and claiming for his pending death claim amount and compensatory service, which was not received by any successor of late Sawant Singh. After martyrdom of Sawant Singh, only bed (bita) had been received from the Respondents with a message that Sawant Singh was no more and he martyred. Further, in terms of Notification dated 09/9/2022 of Personnel Department, Govt of Rajasthan, the applicant is legitimately entitled to be the successor of late Rfn Sawant Singh for receiving all dues. Previously, mother of the applicant, Smt Sayar Kanwar, widow of late Chatter Singh, who is the sister-in-law of Late Rfn Sawant Singh, sent a legal notice to the Respondent authorities praying for grant of death benefits and compensatory service, which was replied to by the Respondents vide their letter dated 25/3/2025 stating therein that sister-in-law of a deceased soldier is not eligible for grant of any type of pensionary benefits.

3. The Respondents, vide their Reply Statement, at the outset, have submitted that the service documents of No 2844818H Late Rfn Sawant Singh have been destroyed by burning after expiry of their stipulated retention period under the provisions of Para 595 of Regulations for the Army, 1987 (Revised Edition). However, as per the particulars recorded in the Extract of Long Roll maintained by the Record Office, Raj Rif, Ex Rfn Sawant Singh was enrolled in the Army on 31/1/1957 and died on 09/11/1960 after rendering three years, nine months and nine days of service, Annexure R/2. The terminal benefits of late Rfn Sawant Singh have already been paid to his eligible Legal Representative. The applicant herein, who is the son of late Chattar Singh, claiming to be LR of the deceased soldier submitted a Legal Notice dated 12/3/2025, Annexure R/3 through his counsel for grant of death claims and other related benefits of late Rfn Sawant Singh, which was suitably replied to by the Record Office. The Respondents have further submitted that where the records of the employee are not available and no steps were taken for a long period, no relief for pension and other benefits can be granted to the applicant, since pension is not a charity or bounty, in the absence of relevant facts determinable and relevant documents available, as such, on account of culpable delay and laches exceeding 48 years, the applicant is not entitled to any other benefit/relief. In support of their arguments, the Respondents have placed reliance on the Judgments passed by the Hon'ble Apex Court in the cases of Bhoop Singh Vs UOI, AIR 1992 SC 1414, UOI Vs Harnam Singh, 1993 SCC (L&S) 375 as also in the case of Ratan Chandra Vs UOI, JT 1993 (3) SC 418, wherein the Hon'ble Apex Court held the view that Courts and Tribunals cannot come to the aid of those who sleep over their rights and allow the period of limitation to expire. Moreover, only a "son actual and legitimate/including validly adopted" shall be viewed as eligible for grant of Special Family Pension, provided he is otherwise qualified, under the provisions of Para 216 of Pension Regulations for the Army, 1961, Part I, Annexure R/5. Since the applicant is not the actual son of the deceased soldier, he is not eligible for grant of any pension. Also, no provision exists for grant of pension to the nephew of a deceased soldier.

1. 4. We have heard the counsels for the parties and perused the material on record.

2. 5. Perusal of exiguous material on record reveals that this matter is of vintage dating back to the 1950s. Rfn Sawant Singh, with date of birth as 01/7/1939 was enrolled in the Rajputana Rifles of the Indian Army on 31/1/1957 for a terms of service of seven years in Colour and eight years in Reserve. However, he died in harness on 09/11/1960 after serving for three years, nine months and nine days in the Army. As per the details furnished in the Extract of Long Roll of the deceased soldier, placed on record by the Respondents, name of Mr Chattar Singh, brother of the deceased soldier, with date of birth as 01/7/1935, has been recorded under the heading, "Details of Family". Respondents in their Reply Statement have stated that upon demise of Rfn Sawant Singh, terminal benefits had already been extended to the eligible legal representative of the deceased soldier. It is also on record that earlier, Smt Sayar Kanwar, widow of late Chattar Singh and mother of the applicant herein and by relation, sister-in-law of the deceased soldier, approached the Record Office through a legal notice sent through her counsel for grant of terminal benefits of the deceased soldier which was rejected by the Record Office vide their letter dated 25/3/2025 as the sister-in-law of the deceased soldier was not eligible for the same. Under the circumstances, it could be surmised that the deceased soldier remained a bachelor during his service span and, thus, had not left behind a Heir Apparent other than the said Chattar Singh, who was his brother as has been shown in the Long Roll. That apart, the Record Office, vide their letter dated 25/3/2025, had rejected the claim of sister in law of the deceased soldier i.e. Smt. Sagar Kanwar, for grant of any type of pensionary benefits to her in terms Para 107 of Pension Regulations for the Army, 2008, Part I.

6. It is also prudent to observe that the counsel for the applicant, besides mentioning it in the OA, has also kept on harping during the course of hearing that the applicant is suitably eligible in getting the relief in terms of Govt of Rajasthan Notification dated 09/9/2022. A bare perusal of ibid Notification issued by the Personnel Department, Govt. of Rajasthan, reveals that this Notification speaks of eligibility of getting compassionate appointment and other related benefits to Next of Kin of those who were martyred during Wars during the period 15/8/1947 to 31/12/1971 and who are domicile of Rajasthan. However, counsel for the applicant has not brought to our notice as to whether the applicant or any of the Heir Apparent of the deceased soldier had ever approached the Govt of Rajasthan requesting them for financial assistance and/or compassionate appointment based on the strength of the ibid Govt Notification.

7. Apart from above, We also find that the Application stands barred by inordinate delay and laches of more than six decades with no cogent reason for the inexplicable delay and, hence, it does not deserve to be entertained. For this reason, the relief prayed for by the Applicant is totally misconceived and is barred by the doctrine of laches and inordinate delay. In view of the above and in the light of the principles laid down by Hon'ble Apex Court in the case of C. Jacob Vs. Director of Geology and Mining & Anr., reported in (2008) 10 SCC 115, wherein it was held that a stale claim cannot be revived for grant of Pensionary benefits, the Applicant is not entitled for any pensionary benefits. The case is also squarely covered by the judgment of the Hon'ble Apex Court in the case of UOI Vs Rajwanti, in Civil Appeal No 583-584 of 2017, decided on 16/1/2017.

8. In view of the foregoing and since the terminal benefits as admissible have already been paid to the eligible Legal Heir of the deceased Rfn Sawant Singh, who died on 09/11/1960, the applicant herein who is the nephew of the deceased soldier, has no locus standi whatsoever in claiming relief as prayed for in the OA and, therefore, deserves to be dismissed being devoid of merit. Before departing, we deem it appropriate to put it on record that the attempt made by the applicant in filing this frivolous and mischievous OA, that too after a hiatus of more than six decades to browbeat the system and expect to get some pecuniary benefits is and cannot be countenanced by this Tribunal and we are refraining from imposing heavy costs.

9. The OA is dismissed accordingly. No order on costs.

10. Pending application if any, also stands disposed off.

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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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