Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2233 (S/S) of 2001 (Old Case No. 41930 of 2000) Smt. Lali Devi wife of Ex. Havildar Dewan Singh (No.4146706), resident of Village Neda, P.O. Bandarlima, District Pithoragarh. ………………Petitioner Versus 1. Union of India, through the Secretary, Ministry of Defence Govt. of India, New Delhi. 2. Chief of the Army Staff, Army Headquarters, D.H.Q. P.O. New Delhi. 3. Officer Incharge Records, Kumaon Regiment Ranikhet, U.P. 4. Commanding Officer, 8, Kumaon Regiment C/o 56 APO. …………. Respondents Sri N.S. Negi, learned counsel for the petitioner. Ms. Anjali Bhargawa, learned standing counsel for the Central Government. Dated: 13.02.2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed to issue a writ of mandamus directing the respondents to release the family pension and other benefits along with 18% interest to the petitioner and has further prayed to issue a writ of certiorari to quash the order dated 08.11.1978 dismissing husband of the petitioner as deserter. 2. The petitioner is the wife of Havildar Dewan Singh, who was enrolled at the Kumaon Regiment of Indian Army on 09.09.1961. Havildar Dewan Singh while serving with 8 Kumaon Regiment was found missing from the unit lines and he was declared deserter w.e.f.17.09.1975 though the whereabouts of the petitioner’s husband is not known. Later on, the husband of the petitioner was dismissed from service as deserter on 08.11.1978. On asking financial help by the petitioner, she was informed by respondent no.3 vide letter dated 06.04.1978 that dependents of Havildar Dewan Singh were not eligible for any financial help as he was declared deserter. 3. In para-4 of the counter affidavit filed on behalf of the answering respondent, it has been admitted that Havildar Dewan Singh (4146706) was enrolled on Sept.09, 1961 at the Kumaon Regiment Centre Ranikhet and on completion of successful basic Military Training, he was posted on 15 Kumaon on July 24, 1962. He was further posted to 8 Kumaon on April 15, 1963 where he was promoted to the rank of Havildar w.e.f. October 01, 1971. While serving with 8 Kumaon Regiment, he went missing on September 17, 1975 and later on, he was declared deserter w.e.f. September 17, 1975 and after a period of three years from the date of desertion, he was dismissed from service. But it is undisputed fact that the whereabouts of the husband of the petitioner could not be traced and he is still missing. 4. In view of the facts and circumstances of the case, the petitioner is entitled for the family pension. Accordingly, the respondents are directed to release the family pension to the petitioner with all consequential benefits. The writ petition is allowed in above terms with no order as to costs. (P.C. Verma, J.) 13.02.2008 RBS