- (1.) This appeal under Section 18 of the Rajasthan High Court Ordinance preferred by Smt. Shakuntala Kanwar is directed against the judgment dated 10th July, 1995 passed by the learned single Judge whereby he held that this Court has no jurisdiction to entertain the writ petition filed before this Court and directed to return the petition to the petitioner appellant for filing before the Court of competent jurisdiction.
(2.) Brief facts relating to this appeal are as under :
(3.) Smt. Shakuntala Kanwar filed a writ petition before this court stating therein that she was married to constable Sayar Singh of 27th Battalion of the Border Security Force (BSF) in the year 1980. She further stated that her husband has been missing from the Unit since 15th April, 1983. Ultimately her father-in-law Shri Pabudan Singh was informed by the Unit that Sayar Singh has left the Unit on 15-4-1983 after taking 45 days leave. When the father-in-law received such letter from the Unit on 15th July, 1983, he immediately submitted an application to the Commandant of the above mentioned Battalion informing him that the husband of the appellant did not reach home and requested him to make a search regarding his whereabouts. Her father-in-law also approached the headquarter of BSF in order to know whereabouts of his son but that turned out to be an exercise in futility. Missing report was also lodged by the Commandant of 27th Battalion BSF to Sr. Superintendent of Police, Jammu on 29-8-83 and Sr. Superintendent of Police, Jammu informed the Commandant that Sayar Singh was not traceable. Major S.S. Rathore (Retd.) who was known to the appellant's family also tried to find out whereabouts of the appellant's husband and wrote D.O. letter to the Director General, Border Security Force. In reply of this letter appellant received a letter from the Commandant of 27th Battalion on 11-3-89 whereby she was informed that her husband was dismissed from service on 9-6-83. A request was made to give a copy of order of Court of Inquiry under which appellants husband was declared as deserter but same was not made available to her. Ultimately, appellant had sent a notice for demand of justice through her counsel on 15-2-1995 demanding that she should be given family pension etc. as per the Pension Service Rules. A notice was duly received in the office of Commandant but no reply has been received by the appellant-petitioner. Appellant-petitioner in her writ petition also stated the rules, Government Decisions and Circulars which deal with the payment of retirement benefits, gratuity and family pension to the family in case an official's whereabouts are not known. In the writ petition, appellant-petitioner has referred to Government of India Decision O.M. No. 1/17/86-P & PW dated 29th August, 1986 and office memorandum issued by D.P. & P.W. on 25-1-1991 and another memorandum of Government of India Ministry of Personnel PG & Pension issued on 18-2-93. It has been stated in the petition that in spite of above mentioned circulars having been issued by the Central Government and admitted position that the husband of the appellant-petitioner is missing and his whereabouts are not known since 1983, the appellant- petitioner has not been given family pension/gratuity or any other benefits etc. It is further stated that in this matter First information Report has been lodged by the Commandant regarding the missing of Sayar Singh from the Unit and whereabouts of Sayar Singh are also not known in spite of best efforts being made by the police, therefore her case is fully covered by the rules and latest instructions issued by the Government of India and as such the appellant-petitioner should be granted family pension and other benefits including G.P.F., leave encashment and other benefits.;