RAMKALI MANIKPURI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioner seeking for a direction to the Respondents to consider the claim of the Petitioner for release of the gratuity amount which has been ordered to be withheld and also for release of the terminal and pensionary benefits payable to the Petitioner on the death of her husband.

(2.) Perusal of the record and the documents enclosed along with the petition would show that the husband of the Petitioner was in the services of Respondent No.3-Bank and on account of an allegation of misappropriation, he was dismissed from service with effect from 6.1989. In addition, he was also prosecuted in a criminal case for the offence punishable under Sec. 409 of IPC. The said criminal case ultimately resulted in his acquittal on getting the benefit of doubt, vide judgment dated 9.11996. Thereafter, the husband of the Petitioner died on 27.200 It is now after 15 years from the date of death of the husband of the Petitioner, the present writ petition has been filed seeking for the release of pension and other dues payable to the Petitioner.

(3.) This Court, at this juncture, is not inclined to entertain the petition, for the reason that the petition suffers from huge delay and laches. The husband of the Petitioner, from the records, appears to have not challenged the order of termination dated 6.2.1989 during his life time. He also does not appear to have put forth any claim even after the judgment of acquittal dated 9.12.1996 was passed.