Mohammad Rafiq, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition has been filed by the petitioner on the premise that her husband, who was serving the respondents since 17.08.1981 as Naik/Cook and was a patient of Affective Psychosis Bipolar has not been heard of since 04.02.1998. In fact, he was on active duty with the respondents and went missing from the Unit on 04.02.1998. The Court of Enquiry conducted by the respondents declared him deserted and consequentially the respondents sent intimation vide communication dt. 06.07.1998 to Superintendent of Police, Jhunjhunu and Police Station, Khetri. Shri Tarun Choudhary, learned Counsel for the petitioner citing the Army Instruction No. 12(16)/88 -D (Pension/Services) dt. 03.06.1988 argued that President has in such like cases directed that when a member of Indian Armed Forces is declared missing while in service, the family will be immediately, after the lapse of one year from the date of declaration of disappearance/presumption of death, paid family pension/DCRG etc. as admissible in normal conditions. The petitioner has not been paid any of these benefits.
(3.) SHRI Ganesh Sharma, learned Counsel for the respondents argued that even in the aforesaid Army Instruction, the condition precedent for grant of benefits claimed is that the family must lodge first information report with the police and obtain a report that the employee has not been traced after all efforts had been made by the Police. The claimant would then be required to furnish an indemnity bond with two solvent sureties to the effect that all payments thus made will be recovered from such person if he/she reappears and makes any claims. It was argued that petitioner did not lodge any first information report, therefore, she could not be paid any pension. There was no conclusion arrived by the police that her husband was not traceable, therefore, the benefits could not be granted.;