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Rajasthan High Court · body

2003 DIGILAW 1042 (RAJ)

Manbhari Devi v. State of Rajasthan

2003-07-25

ASHOK PARIHAR

body2003
JUDGMENT 1. - It is a strange case of sheer apathy, arrogance and audacity of the 1 Department to plead that the petitioner is not entitled for any pension or retiral benefits which had accrued to her husband, who had died way back on 8.10.1979. 2. The husband of the petitioner was engaged as Kalpad (Up-Vaidya) in the respondent Department on 4.7.1947 and was retired from service on reaching the age of superannuation on 31.8.1976 vide order dated 26.8.1976. He was also duly relieved by the officer concerned on 31.8.1976 vide order passed on the same date. By another letter dated 19.7.1976 the Deputy Secretary, Department of Medical & Public Health wrote a letter to the 10 ,Additional Director, Ayurved Department, Ajmer, to take the concerned employee on duty and also pass necessary orders on the leave applications of the said employee and the same may also be sanctioned. 3. Unfortunately the husband of the petitioner also died on 8.10.1979. Thereafter even the departmental proceedings were dropped by the respondents vide order dated 15.12.1979. Still the pension and other retiral benefits have not been given. The present writ petition has been filed by the pEtitioner for the same relief. 4. A very absurd reply has been filed on behalf of the respondents. Apart from objection of delay been taken, it has been submitted that the whole service record of the husband of the petitioner has been weeded out. It has further been submitted that since the services of the husband of the petitioner had been terminated after departmental inquiry been completed in the year 1983, the petitioner was not entitled for any retiral benefits. The rules and the circumstances under which the entire service record of the husband of the petitioner has been weeded out, has not been mentioned. It has also not been explained as to once the departmental proceedings having been dropped, how the services of the husband of the petitioner could be terminated by way of punishment after more than four years of his death. The record of the departmental proceedings and the punishment order could not and have also not been placed on record on the pretext of the same been weeded out. The departmental proceedings and ultimate punishment order is processed at various levels before different authorities. The record of the departmental proceedings and the punishment order could not and have also not been placed on record on the pretext of the same been weeded out. The departmental proceedings and ultimate punishment order is processed at various levels before different authorities. It is unimaginable what to say of unbelievable that the whole record of the concerned employee has been weeded out from all the offices concern. 5. After having carefully considered the entire facts and circumstances of the present case, in my opinion, the stand taken by the respondents in the present case is wholly unjustified and called for deprecation and nothing else. 6. Accordingly, the writ petition is allowed. The respondents are is directed to make the entire payment of pension and other retiral benefits to the petitioner within 30 days from the date of receipt of certified copy of this order. The petitioner shall also be entitled for interest on the entire amount of w.e.f. 1.9.1976 till the date of payment @ 10%. The respondents are further directed to pay a cost of Rs. 20,000/- to the petitioner also within the above period.Writ Petition Allowed. *******