Disposed

Shahila Kousar. v. Union of India Th.Min. of Defence and Ors.

J&K HC9 Nov 2020OWP/2123/2017

Case brief

AI extract

What is this about?

In OWP No. 2123/2017, the High Court of Jammu and Kashmir disposed of a writ petition by issuing notice to the petitioner to submit documents for maintenance allowance and directing the respondents to process the case within four weeks, while explicitly stating no opinion was formed on the merits.

What did the court decide?

Notice to file documents within two weeks and respondents to process maintenance claim within four weeks.

Shahila Kousar. Vs Union of India Th.Min. of Defence and… — Service and Employment | J&K HC (2020)

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Serial No. 288

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

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(Through Video Conferencing at Jammu)

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OWP No. 2123/2017 IA No. 1/2017

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Shahila Kousar …Petitioner(s)

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Through:- Ms. Surinder Kour, Sr. Advocate with Ms. Manpreet Kour, Advocate.

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v/s

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Union of India and others ….Respondent(s)

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Through:- Mr. Vishal Sharma, ASGI

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Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER

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The petitioner in this petition prays for the following reliefs:-

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a)To issue directions to the respondents to enter the name of the petitioner in the service record of respondent No.8 Lance Naik Mohammad Razak (9109570A), 4 JAK LI, as the petitioner is the wife of respondent no.8 and publish Part-II Order with regard to the service record f the respondent no. 8 by issuance of writ of Mandamus;

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b)To issue directions to the respondents to release the maintenance allowance in favour of the petitioner under the provisions of Army Act along with arrears by issuance of writ of mandamus.

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2 OWP No. 2123/2017

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The learned counsel for respondents, Mr. Vishal Sharma, ASGI submits that the first relief as prayed in the instant petition stands already granted to the petitioner, whereby the name of the petitioner in the service record of respondent No. 8, as his wife has been entered.

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Mr. Vishal Sharma, further states that in so far as relief No. 2 is concerned, the petitioner for the purpose is required to submit certain requisite documents including affidavit thereto, before the official respondent for the purpose of processing her case for release of maintenance allowance in her favour under the provisions of Army Act.

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Learned counsel for the petitioner states that the requisite documents stand already furnished to the respondents and that, if any, other document is required to be furnished before the respondents by the petitioner, same shall be furnished within two weeks from now, where after the respondents shall process her case for grant of maintenance allowance, to which she is entitled thereto under the provision of Army Act.

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Having regard to the submissions made by the learned counsel for the parties and the short controversy involved in this petition, same is disposed of as follows:-

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“The petitioner shall submit requisite documents as may be, required to be furnished before the respondents including a requisite affidavit within two weeks from the date of passing of this order enabling them to process her case for release of maintenance under the provision of Army Act. The respondents upon receiving the documents aforesaid to process the case of the petitioner in accordance with law and rules occupying the field within four weeks thereafter.”

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It is made clear that this Court did not express any opinion qua merits of the case and nothing in the matter shall be construed as be an expression of any opinion qua the merits of the case.

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Disposed of along with connected CM.

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(JAVED IQBAL WANI) JUDGE

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Jammu 09.11.2020 Renu

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RENU BALA 2020.11.17 15:27 I attest to the accuracy and integrity of this document

Shahila Kousar. v. Union of India Th.Min. of Defence and Ors.

Case brief

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Shahila Kousar. v. Union of India Th.Min. of Defence and Ors.

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