Smt. Shakuntala vs Union Of India Thru. Defense Secy. ...
2022 Latest Caselaw 7960 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 4572 of 2022
 

 
Petitioner :- Smt. Shakuntala
 
Respondent :- Union Of India Thru. Defense Secy. , Ministry Of Defence , New Delhi And Others
 
Counsel for Petitioner :- Preeti Rajput
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and Shri Surya Bhan Pandey, learned Assistant Solicitor General of India assisted by Shri Varun Pandey, learned counsel appearing for Union of India and perused the record.

The proceedings itself before the Armed Forces Tribunal, Regional Bench, Lucknow came to be initiated much after the date of death of the employee, who was the husband of the petitioner. The facts stated before this Court are clear to the effect that the husband of the petitioner, after being enrolled in the Army on 19th April, 1963, was invalidated out of service w.e.f. 28.02.1964. At the relevant point of time, the petitioner's husband had rendered 315 days' service.

The grievance has been raised at a stage when no medical examination of the employee can be undertaken for he is no more alive. This has virtually frustrated any consideration germane to the cause. The Armed Forces Tribunal, after due consideration of the matter has rendered the impugned judgment and the view so taken, even if it is assumed that the same may call for interference, yet heavy laches on the part of the petitioner and the employee concerned having passed away, does not leave this Court with an option of adjudicating upon the cause within the scope of law.

The writ petition, thus, does not call for any interference in the impugned judgment and the same is hereby dismissed.

Order Date :- 25.7.2022

ML/-