WPMS/199/2021
2021 Latest Caselaw 3367 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
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              with Signatures
                                  WPMS No. 199 of 2021
                                  With
                                  WPMS No. 221 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. T.P.S. Takuli, Advocate for the petitioner.

Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand.

Mr. D.S.C. Rawat, Advocate for Union of India.

Apart from the fact that as per the counsel for the parties to the Writ Petition, the matters stand squarely covered by the judgment of 6th August, 2021, which was rendered by this Court in a bunch of Writ Petitions, with the leading Writ Petition, being Writ Petition (M/S) No. 511 of 2021, Jamuna Devi Vs. State of Uttarakhand and others, there is a slight distinction in each of the Writ Petitions.

For example in WPMS No. 199 of 2021, the petitioner is a widow of late Mr. Khim Singh Mahara, who died in an army operation, called as "PAWAN" in Srilanka on 31st October, 1987. He was assigned with as Sepoy registration No.4178014A, and was a member of Kumaon Regiment, who was later on, on account of having met with the sad demise on 31st October, 1987, was issued with a certificate on 15th January, 2021, certifying him to be a battle casualty.

In WPMS No. 221 of 2021, the petitioner too is the widow of late Mr. Narayan Singh, who was the Sepoy, with registration No. 4149439, and he was killed in 1971 Indo-Pak war in operation OPCACTUS LILY (J&K). He met with the sad demise on 15th December, 1971, and was also declared as battle casualties.

In view of the aforesaid statement of the Counsel, admittedly, since the late husband of the respective petitioners, have already been declared as battle casualties and had died in army operation, the issue would stand covered by the judgment of 6th August, 2021.

Hence, these Writ Petitions are allowed, in terms of the judgment dated 6th August, 2021, rendered in Writ Petition (M/S) No. 511 of 2021, Jamuna Devi Vs. State of Uttarakhand and others, which would constitute to be the part of this judgment.

(Sharad Kumar Sharma, J.) Dated 31.08.2021 Shiv