KANTA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a poor hapless woman from a remote village Dehrubar, Tehsil Jaisinghpur, District Kangra. She has filed this petition to bring back her husband, who is stated to be languishing in Mental Health Centre, Trivendrum, Kerala and pay her his service and pensionary benefits, including family pension, besides the compensation for not making any attempt to search him since his disappearance.

(2.) The husband of the petitioner, namely, Sansar Singh, was enrolled as Gunner in the Indian Army on 27.9.1995 for a period of 10 years in Colours and 5 years in Reserve or till attaining of 36 years, whichever is earlier. He remained in active military service for more than 9 years and took part in Indo-Pak War in 1971 while serving with 201, Divisional Locating Battery (now re-designated as 201 Surveillance and Target Acquisition Battery) at Deolali where from he was granted annual leave from 11.9.1974 to 13.11.1974. After availing his leave at his native village, he left on 12.1.1974 to resume his duty in his unit at Deolali on 14.11.1974. According to the petitioner, during his leave period and at the time of his departure from his native village her husband was in normal health and sound mental disposition. From the apprehension roll issued by the military authorities on 16.11.1974 to the Superintendent of Police, Distt. Kangra, the petitioner came to know that her husband had not reached his destination at Deolali. When despite the best efforts on the part of the District Police as well as the members of the family of the petitioner, the whereabouts of her husband could not be found out, she wrote number of letters to the Army authorities to search for her husband. In reply to her letter dated 31.1.1975 the Army authorities informed the petitioner vide letter dated 14.2.1975 (Annexure P-2) that after 30 days of absence of her husband a Court of inquiry was held and he was declared a deserter. Since the Army authorities had not heard anything from the husband of the petitioner, they showed their inability to throw any light regarding his whereabouts and regretted that they could not help her in this regard. A copy of the letter dated 14.2.1975 was also endorsed to the Superintendent of Police, Kangra enquiring whether the husband of the petitioner was apprehended by the police in pursuance to their apprehension roll dated 16.11.1974. The Superintendent of Police, Kangra was sskei to communicate the result of investigation conducted by the police directly to the petitioner with intimation to them. Thereafter, to the utter surprise of the petitioner, letter dated 20.11.1986 was received by her mother-in-law, namely, Smt. Chandrani Devi, from the Superintendent Mental Health Centre, Trivandrum, Kerala, informing her that a person by name Sansar Singh was admitted on 19.4.1979 with reception order from Chief Judicial Magistrate, Kotayam, Kerala, since he was found wandering in the street. it was requested that arrangements may be made to get him discharged from the Mental Health Centre as his mental condition had improved with treatment and he could manage at home.

(3.) According to the petitioner, owing to extreme poverty she could not visit Mental Health Centre, Trivendrum to bring her husband home but she wrote to the Army authorities as well as the District Police, Kangra informing the whereabouts of her husband and requested them to help her out by bringing him back to her home, but in vain. In reply to her letter dated 8.1.1987, the Army authorities vide their letter dated 19.1.1987, for the first time, intimated her that her husband has been dismissed from service with effect from 24.4.1978 being a deserter for more than three years and his services are no longer required by the Army. Since then the petitioner has been continuously writing letters to the Army authorities to release A.F.R Funds, gratuity and other service benefits and family pension but ultimately the Army authorities vide letter dated 15.7.1995 (Annexure P-2) informed the petitioner that payment of A.F.R Fund balance is under consideration and family pension and other pensionary benefits cannot be granted to her as the status of her husband was deserter-dismissed1. It was in these circumstances, that the petitioner has approached this Court.