ANURADHA KALUWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Chetri, learned counsel for the petitioner and Mr. H Gupta, learned CGC for the respondents.

(2.) WP(C) No.2043 of 2021 was filed by the petitioner, namely, Sanjib Kumar Kaluwar to set aside the order dtd. 7/9/2019 by which he was declared as a Deserter and the order dtd. 14/11/2019 by which he was removed from service. Subsequently, he expired on 26/11/2021 during the pendency of the writ petition and thereafter, the widow of late Sanjib Kaluwar, namely, Anu Kaluwar was substituted as a petitioner in WP(C) No.2043 of 2021 in place of the deceased petitioner. WP(C) No. 3245/2023 has been filed by the widow of late Sanjib Kaluwar praying for family pension, arrear salary with effect from 3/7/2019 and death-cum-retirement benefits and other allowances as admissible under law, if required, by setting aside the impugned illegal deserter order dtd. 7/9/2019 and removal from service dtd. 14/11/2019 which orders are impugned in WP (C) No.2043 of 2021. Further prayer in this petition is for a direction to the respondents to provide prospective financial the benefits to the widow petitioner for her husband's promotion to the post of Havildar which was due on 24/12/2020. On these prayers, these two petitions have been filed seeking directions from this Court.

(3.) The petitioner's late husband, namely, Sanjib Kumar Kaluwar initially appointed in the rank of CT/GD vide Force No.070281-603 on 9/7/2007 in the Indo-Tibetan Border Police Force as Constable and was posted in Patiala, Punjab. Subsequently, he was posted at 49 Battalion at Basar in Arunachal Pradesh. In the year 2019 the petitioner was entrusted with the duty of Liaison Officer at ITBP Transit Camp, Likabali, Arunachal Pradesh. On 29/6/2019 the petitioner's late husband suffered from abdominal pain and on 3/7/2019 because of his discomfort and pain suffered he returned home informing his authority. He was treated by a doctor on 5/7/2019 at Dhemaji Civil Hospital and was found to be suffering from acute jaundice. The concerned doctor by medical advice dtd. 3/10/2019 and 24/12/2019 advised the late husband of the petitioner to take complete rest and with continuation of medicines. This fact was intimated to the authorities by the husband of the petitioner. Subsequently, he started suffering from Insomnia, Amnesia etc, and he was referred to and treated in the Neuro Psychiatry Department of the Assam Medical College and Hospital at Dibrugarh on 2/1/2020, who prescribed medicines and the petitioner's husband was advised to take bed rest. He was continuously under treatment and advice of the doctor till 13/12/2020.