Shivani Singh Vs U.O.I. Thru. Secy. Ministry of Defence New Delhi and 4 Others — Allahabad HC (2025) — LawSathi Research

Shivani Singh Vs U.O.I. Thru. Secy. Ministry of Defence New Delhi and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner to submit a fresh representation with all relevant documents within ten days to respondent No.3, who shall decide it by a reasoned and speaking order and inform the outcome to the petitioner preferably within three weeks thereafter, strictly in accordance with law.

Issue for consideration

Whether the petitioner, being the daughter of a defence services personnel who suffered injuries during action and holds a battle casualty certificate, is entitled to the benefit of wards of disabled in action and boarded out from service (sought via mandamus, relief (i)).

Court's answer

Noticing that the petitioner's representation remains undecided, the Court found no gainful purpose in keeping the petition pending and directed the petitioner to move a fresh representation within ten days, raising all her grievance and annexing all relevant documents, to respondent No.3.

Ratio / Principle

Upon receipt of the fresh representation, respondent No.3 shall decide it by a reasoned and speaking order and inform the petitioner of the outcome, preferably within three weeks thereafter.

Key takeaways

The Court expressly did not examine the contentions of either party on merits; the decision on the representation is to be taken by respondent No.3 strictly in accordance with law.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Writ-C No. 2604 of 2025, Hon'ble Jaspreet Singh, J.; order dated 24.3.2025; Neutral Citation 2025:AHC-LKO:16571): Petitioner Shivani Singh, daughter of a defence services personnel who suffered injuries during action and was granted a battle casualty certificate, sought by writ of mandamus the benefit of wards of disabled in action and boarded out from service; her representation dated 03.02.2025 to the respondents had not been decided. Without examining the contentions of either party on merits, the Court disposed of the petition, directing the petitioner to move a fresh representation within ten days raising all grievances and annexing all relevant documents to respondent No.3, who upon receipt shall decide it by a reasoned and speaking order and inform the petitioner of the outcome preferably within three weeks thereafter, taking the decision strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:16571

Court No. - 8

Case :- WRIT - C No. - 2604 of 2025

Petitioner :- Shivani Singh Respondent :- U.O.I. Thru. Secy. Ministry Of Defence New Delhi And 4 Others Counsel for Petitioner :- Ravi Prakash Yadav Counsel for Respondent :- A.S.G.I.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 2 has been accepted Shri S.B. Pandey, Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey, Advocate.

By means of the instant petition, the petitioner seeks the following reliefs:-

"i. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to give benefit of wards of disabled in action and boarded out from service to the petitioner.

ii. Issue any other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case in favor of the petitioner."

It has been submitted that the father of the petitioner was in Defence Services and during action suffered injuries. The father of the petitioner was also granted a battle casualty certificate, however, the petitioner, who is the daughter, claiming benefit had made a representation to the respondents to issue an eligibility certificate of being wards of disabled in action and boarded out from service. The said representation was made on 03.02.2025, yet the same has not been decided by the concerned authorities.

Considering the nature of the issue raised by the petitioner as well as noticing that the representation has been made by the petitioner, which is yet to be decided. In such circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the petitioner to move a fresh representation within a period of ten days from today raising all her grievance and also annexing all the relevant documents to bring to the notice of the respondent No.3 and the respondent No.3 upon receipt of such representation shall decide the

representation of the petitioner by a reasoned and speaking order and inform the outcome of the same to the petitioner preferably within a period of three weeks thereafter.

It is made clear that the Court has not examined the contention of either of the parties on merits and the decision shall be taken by the respondent No.3 strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 24.3.2025 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench