HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1856/2024 Kirna Devi, Age- 35 years, Wd/o Angraz Singh, Ex. Sep. No. 1291458P R/o Siari Thana, Tehsil Koternaka District Rajouri …..Appellant(s)/Petitioner(s) Through: Ms. Surinder Kour, Sr. Advocate with Mr. Michal Singh Dogra, Advocate vs 1. UOI th. Home Secretary, Ministry of Home Affairs, Govt. of India, New Delhi. 2. Chief of Army Staff, Army Headquarters, New Delhi. 3. The Record Officer, Punjab Regiment-Record-Ramgarh Cantt. (Jharkhand). 4. Commanding Officer 156 Inf. Bn TA (H&H) Punjab, C/o 56 APO .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER (ORAL) 07.10.2025 Sanjeev Kumar ‘J’ 1. Impugned in this petition, filed by one Kirna Devi W/o late Ex Sepoy Angraz Singh is an order dated 13.05.2024 passed by the Armed Forces Tribunal, Srinagar Bench at Jammu [“the Tribunal”] in T.A No. 342/2017 titled Kirna Devi Vs. Union of India & Ors. whereby the T.A. filed by the petitioner has been dismissed on the ground that with Serial No. 08 2 WP(C) No. 1856/2024 the death of the husband of the petitioner, who was discharged from Army on 30.03.2010, the T.A. has abated. 2. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the order passed by the Tribunal is not in consonance with law and therefore, deserves to be set aside. 3. It is true that with the passing away of the husband of the petitioner, who was discharged from Indian Army on 30.03.2010, the relief of setting aside the discharge and putting him back in the service has been rendered impossible and to that extent, the T.A. has abated. However, the petitioner, being wife of late Angraz Singh, is entitled to have the discharge order declared bad in the eye of law, so as to avail the family pension and other service benefits as may accrue to the legal heirs of the deceased army man. 4. For the foregoing reason, we find merit in this petition and the same is, accordingly, allowed. The impugned order passed by the Tribunal is set aside and the TA is restored to the file of the AFT to be decided afresh in accordance with law (Sanjay Parihar) (Sanjeev Kumar) Judge Judge Jammu 07.10.2025 Vishal Sharma Whether the order is reportable: Yes/No Whether the order is speaking: Yes/No