SHARDA DEVI & ANR. vs UNION OF INDIA & ANR.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4860/2023 SHARDA DEVI & ANR. .....Petitioners Through: Mr. Himanshu Gautam, Mr. Lokesh Sharma, Mr. Kishan Gautam, Ms. Anuradha Pandey, Advocates versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Keshav Sehgal, GP and Mr. Jatin Singh, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 21.08.2025 C. HARI SHANKAR, J. 1. Petitioner 1 and Petitioner 2 in this writ petition are the widow and the son of one Ex. Subedar Mahendra Singh Sharma1, who was dismissed from services of the Border Security Force and subsequently expired. The petitioners, by means of the present writ petition, sought disbursal, to them, of the retiral benefits of Mahendra. 2. During the pendency of this writ petition, Petitioner 1 has also expired and only Petitioner 2 i.e. the son of Mahendra survives to contest this matter. 3. We have heard Mr. Himanshu Gautam, learned counsel for the petitioner and Mr. Keshav Sehgal, learned Government Pleader for the 1 “Mahendra”, hereinafter W.P.(C) 4860/2023 Signature Not Verified Page 1 of 7 Digitally Signed By:AJIT KUMAR Signing Date:25.08.2025 18:37:39 respondents. 4. Following a court martial, Mahendra, by order passed in February 1991, was punished with dismissal from service with six months’ rigorous imprisonment. Mahendra challenged the said order by way of WP (Crl.) 11/1993, which was subsequently renumbered as WP (C) 6547/2002. He also filed a second writ petition, WP (C) 4263/1997, consequent to his superannuation, seeking disbursal of his retiral benefits. 5. During the pendency of the aforesaid writ petitions, Mahendra expired on 10 July 2006. This Court disposed of both the aforesaid writ petitions, i.e. WP (C) Nos. 6547/2002 and W