HARNANDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner's husband, a gunner, enrolled in Army in 1961 returned home on two months' sanctioned leave on 13/5/1982. He failed to report back on duty on the expiry of leave period. An apprehension warrant was issued against him on 17/7/82 and a court of inquiry was held on 16/8/82 and he was declared a deserter on 25/8/82.

(2.) Petitioner's version is that her husband came back home in a failing health condition and later died as a result on 6/11/84. She informed the concerned authorities about his death and made representations thereafter claiming family pension which were rejected on the ground that he was declared a deserter and was struck of the unit strength on 14/7/82.

(3.) Petitioner's case is that her husband had died in harness as competent Army authority had failed to pass any order of dismissal or discharge to do away with his service. Even if it was accepted that he was validly declared a deserter, that by itself could not terminate his services and he continued to remain subject to the Army Act and Rules till his death. Even otherwise also he was liable to be dismissed from service on completion of 10 years' absence from the date, he was declared a deserter under army instructions Al No. A-14/1 which provided that where a deserter failed to surrender or was not apprehended within three years from his first absence, he was liable to be dismissed under the orders of Commandant. Lastly it is submitted that he had put in over 20 years' service excluding the alleged period of desertion and had thus qualified for service pension under Army Regulation No. 132.