UNION OF INDIA AND OTHERS vs BHARAM KAUR AND ANOTHER — CWP/7916/2025

Case under Constitution of India Section 226. Disposed: --DISMISSED on 13th May 2026.

Case disposed Next hearing 21-Mar-2025

CNR: PHHC010299372025

e-Filing Number

21-02-2025

Filing Number

CWP/11288/2025

Filing Date

21-Feb-2025

Registration No

CWP/7916/2025

Registration Date

19-Mar-2025

Judge

Mr. Justice Harsimran Singh Sethi , Mr. Justice Deepak Manchanda

Coram

Mr. Justice Harsimran Singh Sethi , Mr. Justice Deepak Manchanda

Bench Type

Double

Category

4.11 - ORDERS AGAINST ARMED FORCE TRIBUNAL(CIVIL) ( 328 )

Sub-Category

( 944 )

Judicial Branch

WRITS -I BRANCH

Decision Date

13-May-2026

Nature of Disposal

--DISMISSED

Last updated 01-Jun-2026

Acts & Sections

Constitution of India Section 226

Petitioner(s)

  1. 1.UNION OF INDIA AND OTHERS

    Adv. GEETA SINGHWAL

  2. 2.Bharam Kaur and another

  3. 3.Chief of Army Staff

  4. 4.The Chief Controller of Defence

  5. 5.Office in charge

Respondent(s)

  1. 1.BHARAM KAUR AND ANOTHER

  2. 2.Bharam Kaur and another

  3. 3.Chief of Army Staff

Case History

  1. Case disposedDisposed

  2. 13-May-2026

    Mr. Justice Harsimran Singh Sethi,mr. Justice Deepak ManchandaView PDF

    Case Summary: CWP-7916-2025 Decision: The High Court of Punjab and Haryana dismissed the Union of India's petition and upheld the Armed Forces Tribunal's grant of special family pension to Bharam Kaur, whose husband (Nand Karan) died of throat cancer while in military service. Key Reasoning: The Court applied the settled principle from *Dharamvir Singh v. Union of India* that when a service member is medically fit at recruitment but contracts a disease during service, it is presumed attributable to military service. Since Nand Karan showed no signs of throat cancer at recruitment but died from it while serving, the disease must be treated as service-related. The Court rejected the Union's argument that cancer results from genetic factors, holding that military service conditions (stress, strain, irregular diet) activate dormant genetic predispositions and constitute aggravating factors warranting pension benefits. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 21-Feb-2025

    Case filed

    Registration No. CWP/7916/2025

casestatus.in Summary

Case Summary: CWP-7916-2025 Decision: The High Court of Punjab and Haryana dismissed the Union of India's petition and upheld the Armed Forces Tribunal's grant of special family pension to Bharam Kaur, whose husband (Nand Karan) died of throat cancer while in military service. Key Reasoning: The Court applied the settled principle from *Dharamvir Singh v. Union of India* that when a service member is medically fit at recruitment but contracts a disease during service, it is presumed attributable to military service. Since Nand Karan showed no signs of throat cancer at recruitment but died from it while serving, the disease must be treated as service-related. The Court rejected the Union's argument that cancer results from genetic factors, holding that military service conditions (stress, strain, irregular diet) activate dormant genetic predispositions and constitute aggravating factors warranting pension benefits. This case analysis is maintained by casestatus.in based on publicly available court records.

Explore other courts

District Courts Supreme Court
Search Another Case