PREM LATA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is wife of Harendra Nath Singh Yadav, who was Naik in the army service. The writ petition has been filed for issue of a direction to the respondents to provide medical treatment and its expenses to her husband and also for payment of retirement dues. It has been stated in the petition that the petitioner was appointed in the army service and was doing his job. Twenty days leave was granted which expired on 13.12.1987. The husband of the petitioner suffered mental disease and as such he did not join the post. Accordingly, prayer has been made for issue of a direction.

(2.) A counter affidavit has been filed wherein it has been stated that the husband of the petitioner was enrolled in Army Medical Corps on 29.9.1973. He was required to report to his new unit on 13.12.1987 at 18.00 hours but he did not report on due date. 92 Field Regiment initiated apprehension roll against the husband of the petitioner and he was declared deserter with effect from 14.12.1987 by a duly constituted court of inquiry. Subsequently, the husband of the petitioner was dismissed from the Army service after three years of desertion with effect from 20.4.1991 under the provision of section 20(3) of the Army Act, 1950 and Army Order 439/63. Since the husband of the petitioner has been dismissed, the petitioner is not entitled to any relief.

(3.) THUS , on consideration, I do not find any merit in this application. It is, accordingly, dismissed.