WAZIR SINGH MOUR Vs. UOI

JUDGEMENT

(1.) Learned counsel for the legal heirs of the deceased writ petitioner would submit that keeping in view the fact that the deceased petitioner had served the Nation from November 17, 2008 till penalty of removal from service was inflicted upon him on December 30, 2009, the legal heirs of the deceased petitioner would be satisfied if the penalty is converted to one of compulsory retirement with compulsory retirement pension sanctioned as per Rule 40 of the CCS Pension Rules, 1972.

(2.) But when confronted with Annexure R-1 which would reveal that the writ petitioner had virtually not worked after March 08, 2007, being perpetually absent and as a matter of fact never reported for duty at all with effect from April 11, 2008 till when the penalty was inflicted, counsel states that for purposes of compulsory retirement pension it may be observed that the period post March 09, 2007 be treated as dies-non and be excluded while taking into account pensionable service rendered.

(3.) Deceased Wazir Singh Mour appears to have turned alcoholic evidenced by the fact that in the calendar year 2007 he remained unauthorisedly absent for 142 days. The next year i.e. the year 2008, uptil April 11, 2008 he was absent for 64 days.