CWP No. 9233 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 9233 of 2010 Date of decision: 19.05.2010 Bharto devi wd/o Late Constable Vijay Kumar ...... PETITIONER VERSUS Union of India and others ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. R.S.Panghal, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. Challenge in the present writ petition has been posed to the termination order of the husband of the petitioner dated 17.12.1998 (Annexure P-1) passed by the Commandant, 24th Battalion, 'B' Company, Madhya Pradesh Special Armed Force-respondent No. 5, order dated 11.03.1999 (Annexure P-3) passed by the Deputy Inspector General, Special Armed Force, Indian Reserved Companies, Delhi-respondent No. 4, whereby the appeal preferred by the husband of the petitioner was CWP No. 9233 of 2010 2 dismissed and order dated 08.04.2000 (Annexure P-5) passed by the Director General of Police, Government of Madhya Pradesh, Bhopal- respondent No. 3 rejecting the second appeal preferred by the husband of the petitioner. Prayer for issuance of a writ of mandamus directing the respondents to release the benefits of long service of 15 years rendered by the husband of the petitioner including the family pension from 27.03.2007 i.e. the date of death of the husband of the petitioner, has also been made. Counsel for the petitioner contends that the impugned orders passed by the respondents are illegal and cannot be sustained. He contends that the petitioner would be entitled to family pension and other benefits of the service rendered by her husband with the respondents, in case the said impugned orders are set aside. On a question put by this Court with regard to the inordinate delay on the part of the petitioner in approaching this Court and especially when the husband of the petitioner was himself alive as he is stated to have died on 27.03.2007, counsel for the petitioner submits that the husband of the petitioner Vijay Kumar, Ex. Constable, was under depression and, therefore, could not approach the Court. Apart from this, there is no explanation put forth by the counsel for the petitioner for the inordinate delay in approaching this Court. Three orders under challenge in the present writ petition are dated 17.12.1998 (Annexure P-1), order dated 11.03.1999 (Annexure P-3) and order dated 08.04.2000 (Annexure P-5). There is an inordinate and unexplained delay of 10 years in approaching this Court challenging the orders before this Court. Mere depression, which has been pleaded as a ground for not approaching this Court by the husband of the petitioner, namely, Vijay Kumar, Ex. Constable, would not be a justifiable and CWP No. 9233 of 2010 3 reasonable explanation. Even if the same is taken to be correct still the husband of the petitioner died on 27.03.2007. After the death of the husband of the petitioner-Vijay Kumar, Ex. Constable, there is again a delay of more than three years in approaching this Court, which is totally unexplained. In view of this, the prayer as made by the petitioner in the present writ petition cannot be entertained as it is hopelessly delayed. It is not a case wherein extra-ordinary jurisdiction of this Court needs to be invoked under Article 226 of the Constitution of India. Dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE May 19, 2010 pj