VIDYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) ADMITTED facts of this case are that husband of the petitioner, Puran Bahadur Thapa was enrolled in 4th Gorkha Rifles on 10-12-1971. After successfully completing his basic technical training, he was posted in 3/4th Gorkha Rifles on 15-9-1972. During the course of his service, he was posted in 14th Infantry Division. Dehradun. On 11-6-1985 he was reverted back to 3/4th Gorkha Rifles. After this date, he did not either report for duty or is traceable till date.

(2.) IN the aforesaid background, since husband of the petitioner was absent, action was taken against him under Sections 38 and 106 of the Army Act. While initiating action against Puran Bahadur Thapa. statement of CHM Baldev Singh was recorded as is evident from Annexure R -1. Thus, he was declared as deserter in October, 1985 and was dismissed in absentia on 11 -6 -1988. Thereafter on 31 -1 -1993, he was declared missing instead of being a deserter.

(3.) WHEN the petitioner did not hear anything about her husband, she started corresponding with the Army Authorities through respondent No. 5. After reversion of the entry from deserter to missing, petitioner was admittedly asked by Army Authorities through respondent No. 4 to fill in the documents sent by them to her so that they may further proceed in the matter. Needful was done by her. However, instead of proceeding further by granting family pension etc., husband of petitioner was again declared deserter. The amount that was due and payable to the husband of the petitioner was paid to her.