KAMLESH DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition has been filed by Kamlesh Devi wife of Naik Naresh Singh seeking a mandamus from this Court to grant her the benefit of family pension etc, in terms of the guidelines laid down in letter dated 3rd June, 1988, Annexure P-l to the Petition as her husband is missing for the last several years. The facts of this case are as under:

(2.) It has been averred by the petitioner that she learnt that her husband was missing when a warrant of arrest dated 2nd December, 1990 addressed to the Superintendent Police, Ropar, issued by the Officer Commanding 214 Field Workshop Company, Electrical and Mechanical Engineer was received alleging that Naik Naresh Singh was wilfully absent with effect from 11th November, 1990. The petitioner thereafter moved an application before the said Commanding Officer inquiring about the whereabouts of her husband, but was informed that he was not traceable. It has been averred that after this information was conveyed to her, no further information had been received with regard to the disappearance of her husband Naresh Singh. She thereafter represented to the respondents to release some pensionary benefit to her in terms of the letter dated 3rd June, 1988 (Annexure P1) in view of the hardship being faced by her. The respondents, however, vide Annexure P2 sent her a payment of Rs.1552/- only claiming that as Naik Naresh Singh had been declared to be a deserted, no other pensionary benefits were to he given to her. Further communications from the petitioner to the authorities too had no effect which led to the filing of the present petition.

(3.) In response to the notice of motion issued by this Court,- a reply has been filed by the respondents. It has been averred that as Naik Naresh Singh had been declared to be a deserter, the pensionary benefits envisaged vide Annexure P1 could not be given to his family as the said Annexure dealt with only such cases where the person concerned had disappeared but had not deserted. It is also stated in the reply that despite efforts Naik Naresh Singh had not been traced out.