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2024 Supreme(J&K) 204

SANJAY DHAR
Sita Devi Wd/o Sh. Gopal Ram – Appellant
Versus
UOI through Home Secretary Ministry of Home Government of India New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs.Surinder Kour Sr. Advocate with Mr. Sunil Kumar Advocate.
For the Respondent: Mr. Vishal Sharma DSGI

JUDGMENT :

1. The petitioner has challenged order No. 15389-405 dated 12.10.2000 issued by respondent No.5 whereby the husband of the petitioner, namely Gopal Ram has been terminated from service. A further direction has been sought upon the respondents to fix and release family pension in favour of the petitioner.

2. As per case of the petitioner, her husband Sh. Gopal Ram was appointed as Constable in BSF in the year 1987. He was posted in 102nd Battalion BSF in the year 1998. He was granted two months leave and after availing the leave period, he went back to R.S.Pura, Jammu to resume his duty. However, the petitioner received an information from the Battalion in the year 1998 that her husband is absent from duty. The petitioner is stated to have corresponded with the Commandant of the Battalion seeking information regarding the whereabouts of her husband. A representation was also made by the petitioner on 05.05.1999 to the Commandant wherein it was stated that a constable from the Unit had come to seek information regarding the whereabouts of her husband and it was also informed that the whereabouts of her husband are not known. According to the petitioner, the Unit did not cond

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