Order

PER MR. BHASKAR BHATTACHARYA, ACJ. :-

1. By this writ-application under Article 226 of the Constitution of India. the writ-petitioners have prayed for the following relief :-

"(1). That the Indian soldiers who had gone to fight for the cause of motherland at the war front in December. 1971 and during their course of the employment from their active duty they were arrested by the enemy and in spite of having the clear, clinching and solid evidence that 54 prisoners of war are in custody of Pakistan as POW and they are in the Pakistan jails. Action of Respondent Government vide letter dated 10th August, 1998 treating them presumed to be dead after 7 years may be quashed. The may be treated "on duty" 10 for all purposes from the date of arrest till the dale of retirement.

(2). IC 23148 Capt. K.H. Rathod at 5th Regiment and other 53 Prisoners of War may please be ordered to be treated as on duty for all purpose from the date of arrest till the date of 5 retirement. The respondent may be directed to treat them on duty and to pay full salary with all increments, promotion, D.A.. etc. wit