Gajanand vs Union of India on 22 October 2026

ORDER

Photocopy of an affidavit dated 21.10.2026 of Raghvendra Singh Yadav, Under Secretary, Department of Ex-Servicemen Welfare, (DESW), Ministry of Defence (MoD) has been handed over in the court and submits that the original is in post and shall be filed in the Registry the moment it is received.

Perusal thereof shows that a Special Leave Petition is being preferred against the order dated 28.07.2025 passed by the Hon’ble Punjab and Haryana High Court in CWP No.33191 of 2024. Accordingly, it has been prayed that order dated 13.08.2026 may be discharged.

Affidavit dated 19.09.2026 of Col Abhishek Sen, OIC Defence Security Corps Records has also been filed . The same is taken on record.

Perusal shows that the DSC Directorate had communicated that the order be not implemented till the filing of the SLP. This was based on the advice of JAG (Lit).

Cumulatively read the order under execution has not been implemented because of an opinion given by JAG (Lit). It is contemplated

that an SLP will be filed challenging the order dated 28.07.2025 passed by the Hon’ble High Court. Learned counsel for the respondents has handed over a copy of order dated 28.07.2025, perusal of which reveals that a bunch of writ petitions was filed challenging the order dated 09.01.2025 passed by this Regional Bench. Vide said order, the claimant therein was given benefit of disability element for the disability of ‘Primary Hypertension’, the extent of which was assessed to be 30% but neither attributable to nor aggravated by military service because the onset of the disability was in a peace area. Division Bench of the Hon’ble High Court examined the precedent on issue as well as the relevant rules and regulations and came to the conclusion that the writ petitions filed by the Union of India did not possess merit.

Obviously, the case does not involve any policy decision. Affidavit dated 21.10.2026 filed on behalf of Secretary, DESW avers that where no policy implementation is involved, Service Headquarters have been tasked to implement the orders. Reference in this regard has been made to Policy letter dated 22.01.2026, a copy of which has been annexed with the affidavit as Annexure R-1.

Despite the said averment, it has also been averred that an SLP is being preferred.

The contents of the affidavits are self-contradictory.

Secretary, DESW is overall responsible for the subject of pension/ disability pension. Thus, notice was issued to her vide order dated 13.08.2026. Affidavit filed on behalf of the Secretary, DESW does not satisfy us that coercive steps should not be adopted in the facts and circumstances of the present case. The Hon’ble Punjab and Haryana High

Court has decided against the Union of India more than one year back but the order is not being implemented only on the basis of advice by JAG (Lit). Such a situation is not acceptable Affidavit dated 21.10.2026 is rejected. Smt. Sukriti Likhi, IAS Secretary Department of Ex-Servicemen Welfare, (DESW), Ministry of Defence (MoD) is directed to be present in person through Video Conferencing to submit an explanation if any.

Reply affidavit be also filed .

Adjourned to 12.11.2026. To be taken up at 10:30AM.

A copy of this order be given to the learned counsel for the respondents Dasti on payment of usual charges.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

22ndOct, 2026 DK