R.L.ANAND, J. - (1.) PETITIONER Gurmit Kaur wife of Lance Naik Amrik Singh has filed the present writ petition under Articles 226/227 of the Constitution of India seeking the directions of the Court by way of a writ in the nature of certiorari quashing the order vide which the benefit of the Group Insurance Death Benefits Scheme has been withheld. The petitioner has sought the directions of this Court against the respondent-authorities that the respondent-authorities be directed to release benefits of the Group Insurance Death Benefits Scheme to her.
(2.) SOME facts can be noticed in the following manner :- The husband of the petitioner was enrolled in the Army on 9.5.1974. He was on the active duty and was sent for CVD Avadi for depositing the discarded vehicles. On 6.6.1987, the husband of the petitioner went to the platform of Railway Station, Daunt, in order to buy eatables and, thereafter, he never returned and joined his Unit. The petitioner made several representations to the respondent-authorities in order to know the whereabouts of her husband but to no effect. Amrik Singh, according to the petitioner, is missing since 6.6.1987 and his civil death shall be presumed and, therefore, she is entitled to the benefits of the Group Insurance Death Benefits Scheme. Two sets of written statements were filed. The first written statement has been filed on behalf of respondents 1 to 4 and the second written statement has been filed by respondent No. 5. The stand of respondents 1 to 4 is that the husband of the petitioner became a deserter w.e.f. 6.6.1987 and later on he was dismissed from service on 6.6.1990. The stand of respondent No. 5 is that under the direction of this Court and on compassionate grounds, a sum of Rs. 75,000/- by way of Group Insurance Death Benefits Scheme has been released to the petitioner. The amount has been accepted by the petitioner without any protest and now she has no claim for the remaining amount.
(3.) I have heard the counsel for the parties and with their assistance have gone through the record of this case.;