BANDITA SARKAR Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. S. Hoque, learned counsel for the petitioner and Mrs. K.K. Choudhury learned counsel for respondent Nos. 1 to 4 and Mr. R.K. Talukdar, learned counsel for respondent No. 5. The case of the petitioner is that her father Sri Dharani Sarkar joined the Assam Police Battalion as constable on 08.08.1962 and was consequently promoted to the rank of Lance Naik. That while serving at the 5th Assam Police Battalion, Sontilla, N.C. Hills, the petitioner's father was suddenly found missing from 09.04.1986 after having served for about 23 years and 8 months in the Assam Police Battalion.

(2.) Mr. S. Hoque, learned counsel has submitted that on the failure to trace out her husband by the authorities of the Police Battalion and her family, the petitioner's mother approached the concerned authorities for releasing pension and her pensionary benefits in respect of her missing husband. However, the petitioner's mother expired on 11.04.2000 without getting any family pension or other pensionary benefits.

(3.) The petitioner's elder brother Sri Sunil Sarkar thereafter submitted a representation before the Inspector General of Police (OSD), Assam praying for releasing pension and other pensionary benefits in respect of their missing father and for the period their deceased mother would have been entitled for the same. The Inspector General of Police (OSD) Assam, thereafter vide letter dated 05.08.2004 addressed to the Commandant, of 5th Assam Police Battalion, Sontilla NC Hills requested sanctioning GIS saving and insurance money to the next kin of the missing police man. The Inspector General of Police (OSD) vide letter dated 06.10.2004 again requested the Commandant 5th AP Battalion for furnishing original service sheet alongwith relevant documents for considering sanctioning the pensionary benefits to the petitioner. The commandant 5th AP Battalion vide letter dated 07.01.2008 requested the officer-in-charge Dispur PS, Kamrup to make enquiry about the existence of the family members of the missing police man and make a detailed enquiry of the matter for onward submission of family pension proposals to the next kin of the deserter police man.