CWP No. 19912 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 19912 of 2010 Date of Decision: September 05, 2011 All India Ex-Servicemen Welfare Association and another …petitioners Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. B.S. Sehgal, Advocate for the petitioners. Dr. Amanpreet Sandhu, Advocate for the respondents. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition filed under Article 226 of the Constitution prays for issuance of directions to the respondents for publication of new edition of Army Pension Regulation, 1961 Part I & II, Air Pension Regulation, 1961 Part I & II, Navy Pension Regulations, 1964 Part I & II, including the Common Entitlement Rules, 1982 by incorporating the various amendments carried out in pursuance of various Pay Commissions set up by the Government of India upto date. A further prayer has been made to insert each and every amendments in Regulations carried out by the Government of India, Ministry of Defence and various Pay Commission which have CWP No. 19912 of 2010 -2- undertaken the revision of service/ disability/ invalid/ special family pension and other connected pensionary benefits in respect of all ranks of the Armed Forces of Union of India and sent the publication to the concerned authorities dealing with process of revision, demand of various pensionary benefits. A further prayer has also been made for furnishing of newly published compendium to all the agencies. 2. The basic object of the petition seems to be laudable because in the absence of publication of a digest/ compendium incorporating amendments in various statutory provisions having impact on the calculation of the pension of Armed Personnel, there is every likelihood of error may not be wrongly decided for want of leading to unnecessary and avoidable administrative delays which snowballs into litigation, many a time parties are scene to take hard stand. 3. The respondents-Union of India was given time to file their written statement. However, no written statement has been filed despite various adjournments given. On the last date of hearing when no written statement was filed despite previous last opportunity order them defence of respondents was struck down. 4. Keeping in view the nature of the prayer made, we are of the view that the object of the prayer is well intended and it would help all the concerned authorities like Armed Forces Tribunal, Principal Controller of Defence and Accounts (P), Allahabad and all the Defence Pension Disbursing Officers etc. Once a complete CWP No. 19912 of 2010 -3- compendium incorporating all the amendments made in the Rules and Regulations on the basis of Pay Revision and other statutory provision is published, it would avoid any wrong decision or it would also avoid unnecessary administrative harassment to this class of Army Pensioner, who have to unnecessarily approach the authorities and Courts by spending huge money and time which would be avoided. 5. In view of the above, we allow the writ petition and direct the respondents to publish a new compendium by incorporating the amendments upto 6th Pay Commission including the ones made in various statutory provisions. Let needful be done within a period of four months from the date of receipt of a certified copy of this order. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE September 05, 2011 Atul