Harish Kumar, J. – Heard Mr. Amit Shrivastava, learned senior counsel along with Mr. Kunal Tiwary, learned counsel for the petitioner, Dr. K. N. Singh, learned Additional Solicitor General along with Mrs. Kanak Verma, learned CGC for the Union of India and Mr. Mritunjay Kumar, learned counsel for the Bank.

2. The question for consideration before this Court is with regard to the entitlement of the petitioner for grant of Special Family Pension and Ex-gratia on account of death of the petitioner’s husband attributable to Military Service.

3. The petitioner, wife of late Bhubaneshwar Singh, by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus commanding the respondent authorities for grant of Special Family Pension and Ex-gratia in favour of the petitioner along with arrears of Special Family Pension with appropriate interest for the extra ordinary delay and lapses on behalf of the authorities on account of the reason that the death of the petitioner’s husband was attributable to his Military Service.

4. The facts, necessary for adjudication of the issue are that the petitioner’s husband was a Sepoy in the Indian Army and while he was posted at Hissar on 05.07.1989 he went missing from his duty and after investigation, when the petitioner’s husband could not be found he was declared deserter w.e.f. 05.07.1989. Subsequently, in the court of enquiry, after a considerable period of four years when the dead body of the petitioner’s husband or any information regarding his presence or disappearance could not be found, he was declared missing presumed dead in the year 1992.

5. Learned senior counsel representing the petitioner vigorously argued that as the petitioner was totally dependent upon earning of her husband and was under bona fide expectation that the respondent authorities will start the family pension, for which the petitioner made several correspondences, a letter was sent to Pension Clearance Department PCDA (P) Allahabad from the EME Records (Secundrabad) for finalization of family pension and Death-cum-Retiral Gratuity claim specifically mentioning therein that the deceased died while on service on 05.07.1989. However, the petitioner has been informed that the family pension claim could not be settled for want of certain documents, including the original copy of the F.I.R. lodged in police station regarding missing of petitioner’s husband, investigation report of the police authority as well as date of missing of the deceased. The aforenoted information has also been given to EME Records, Secundrabad in response thereto vide Annexure-3 to the writ application, the details of the date of missing of the petitioner’s husband along with the photo state copy of SSP, Hissar and report of SHO, Sdar, Hissar were sent to the PCDA (P) Allahabad with specific averments that the Police Station, Sadar, Hissar has refused to entertain the complaint of missing of the petitioner’s husband, as the occurrence is of five years ago and was difficult to be investigated. On receipt of the aforesaid response, the PCDA (P), Allahabad again vide letter dated 28.11.1994 advised the authority to forward the copy of the F.I.R. or if the same is refused by the Police station (Sadar) Hissar, it may be reported before the Kotwali or before the higher authorities for investigation and report on the subject. It was specifically stated that the lodging of the F.I.R. in case of missing is mandatory in audit for adjudicating the claim for grant of family pension by PCDA (P) Allahabad.

6. The petitioner being a widow and an illiterate lady made to run from pillar to post taking the plea of technicalities for redressing the claim of family pension compelled her to approach all the concerned higher authorities with a prayer to settle the family pension and finally the petitioner having seen the insensitiveness of the respondent Army authorities and shifting the