LALMATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer on behalf of the petitioner is for issuance of writ in the nature of mandamus commanding the respondents to provide her family pension and other benefits with interest after revoking the order of desertion/dismissal passed against her husband, who was appointed as GNR in Army Service in the year 1984 and became traceless after he proceeded for eight days leave with effect from 6th September to 13th September, 1993.

(2.) IT appears that several correspondences were made and F.I.R. was also lodged by the Captain O/L Battery Commander 578/126 A.P.O. 56 in Noida Police Station of Gaziabad district. It is stated that they had lodged a report before the Senior Superintendent of Police, Narcotic Cell, Gumsuda, New Kotwali, Dariyaganj, New Delhi, which was numbered as 170/ 05/94MPS dated 18th February, 1994. The petitioner kept on approaching the authorities concerned for tracing out her husband and also for release of the payment to support her family. However, the CGO Assistant Record Officer for Commanding Officer of Vayu Raksha Topkhana Abhilekh, Air Defence Artillery Records, Nasik Road, Camp, vide Annexure 10, wrote to the petitioner that her husband has been dismissed from service after three years and the family/next of kin of the deserter is not entitled for any pensionary benefits. Thereafter the petitioner approached the higher authorities for payment of dues and appointment of her heir but finding no positive response except the one contained in Annexure 14 filed the present writ petition.

(3.) DESPITE service of notice on 11.5.2004 and grant of indulgence vide order dated 23.8.2004 indicating that in case no counter affidavit is filed, the matter shall be disposed of on the basis of materials available on record, no counter affidavit has been filed so far.