SHIKSHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of order dtd. 27/12/2018 vide which the competent authority rejected petitioner's mercy petition on the ground that her husband was "dismissed from service" on proven misconduct and thus she was not entitled to any pensionary benefits/relief; compensatory allowance from the date of dismissal of her deceased husband i.e. 24/11/1994 or in the alternative, from the date of her application dtd. 22/8/2008 or 5/10/2008.

(2.) According to the petitioner, her husband- late Naik Krishanpal Singh, was enrolled in the CISF as a Guard and was posted at Rihandnagar, Super Thermal Power Project in Uttar Pradesh. During the course of service, certain allegations were leveled against him and he was served with a charge sheet dtd. 15/1/1994. After conclusion of enquiry, he was dismissed from service on 24/11/1994. Thereafter, he filed various appeals against the charge sheet, suspension order and the dismissal order issued against him, however, each of these was rejected by the respondents. Lastly, he approached this Court by filing W.P.(C) 4133/1996, which, after being heard for some time, was dismissed in default.

(3.) Learned counsel appearing on behalf of petitioner submitted that after dismissal from service, late Naik Krishanpal Singh was working as a labour, however, during pendency of the aforesaid writ petition, he passed away. Having no source of income and responsibility to shoulder small children, petitioner herself worked as a labour for few days but since she was unable to meet daily needs, she filed a representation dtd. 22/8/2008 to the competent authority for grant of pensionary benefits. The said representation was dismissed vide order dtd. 2/9/2008 on technical grounds that the application was incomplete and lacked material details.