BALJINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER Smt. Baljinder Kaur, has filed the present writ petition under Articles 226/ of the Constitution of India against the respondents for the issuance of a writ in the nature of certiorari quashing the communications dated 9.6.1997 (Annexure P -8) and 3.3.1998 (Annexure P - 11). The petitioner has further prayed that a direction be given to the respondents to release the Army Group Insurance benefits to him, keeping in view the fact that the husband namely Naik Surinder Singh be treated as "Missing Presumed Dead" person and further the directions be given to respondent No. 5. Deputy Commissioner, Hoshiarpur to give suitable post to the petitioner as per the order dated 19.4.1994, passed in Civil Writ Petition No. 10750 of 1993.

(2.) THE case set up by the petitioner is that her husband Shri Surinder Singh joined the Indian Army on 17.1.1979. On 23.11.1992 he was posted at Deolali (Maharashtra) in 99 Fd. Regiment from where he proceeded on leave with effect from 23.10.1992 to 27.10.1992.

(3.) NOTICE of the writ petition was given to the respondents who filed the reply and denied the allegations. The major stand of the respondents is that under the rules, petitioner is supposed to get a declaration from the Civil Court of competent jurisdiction about the death of her husband and in the absence of any decree in her favour she cannot be granted the benefit of army group insurance.