SMT. SADHNA YADAV AND ANOTHER v. UNION OF INDIA AND 5 OTHERS
WRIA/11347/2025 · 2025-08-07
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84427 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84427 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134619 Court No. - 4 Case :- WRIT - A No. - 11347 of 2025 Petitioner :- Smt. Sadhna Yadav And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Shiv Prakash Counsel for Respondent :- A.S.G.I. Hon'ble Ajit Kumar,J.
1. Heard Sri Shiv Prakash, learned counsel for the petitioner and Ms. Seema Singh, learned counsel for all the respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondents to pay death cum retirement benefits of late Nand Kishore Singh, who was working in Armed Forces and died in harness.
3. A preliminary objection has been raised by Ms. Seema Singh, learned panel counsel appearing for the respondent Nos. 1 to 5 qua maintainability of this petition on the ground that petitioner has an alternative efficacious remedy before the Armed Forces Tribunal constituted under the Armed Forces Tribunal Act,
2007.
4. She has relied upon Section 2(2) of the said Act as well as the definition clause defying 'service matters' vide Section 3(o) and submits that the dependents, who set up a claim for retirement dues including family pension etc. would stand covered under the Act.
5. Learned counsel for the petitioner could not dispute the above legal position.
6. In view of the above, I decline to grant indulgence in the matter. However, liberty rests with the petitioner to apply before the Armed Forces Tribunal, if so advised.
7. This petition is, accordingly, consigned to records with aforesaid liberty. Order Date :- 8.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad