SUNITA DEVI Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner is the wife of Shri Subhash Chand, who was enrolled as a Sepoy/Washerman in the Indian Army. The case of the petitioner is that her husband, who was assigned Army No. 14915684 and was posted in the Infantry Unit which was actively engaged in operational duties in Jammu & Kashmir, was granted leave from 7-1-1995 to 7-3-1995. After availing leave, the husband of the petitioner is alleged to have returned to his Unit. He was travelling by bus to rejoin his Unit and was seen off by his father from the bus stop at Nadaun.

(2.) A communication dated 29-3-1995 (Annexure P-1) was received from the Army Authorities, which stated that the husband of the petitioner had overstayed his leave w.e.f. 8th March, 1995. This communication is addressed to the District Magistrate, District Hamirpur and states that :

(3.) I have heard learned counsel for the parties and have gone through the record. The petitioner prays that she be given compassionate appointment, and further a direction be issued to the respondents to release Special Family Pension, Death-cum-Retirement Gratuity, AFP Fund, Army Group Insurance Maturity benefits and all benefits payable on the retirement of a soldier along with interest.