M N NIRMALA Vs. K S E B

JUDGEMENT

(1.) The petitioner is the widow of one Podiyan Pillai who was in the service of the respondent Electricity Board as Electricity Worker. He commenced service with effect from 12.5.1983. According to the respondents, he was absconding from 26.11.1999 and the records maintained by them show that he had deserted the employment. Subsequently, it came to the notice of the respondents that he committed suicide on 30.5.2003. In the meantime, he had attained the age of superannuation. The respondents, though initiated disciplinary action by framing memo of charges against Podiyan Pillai and sent the same to him in his last known address, there was no response. However, the pleadings in this writ petition as also the statement filed on behalf of the third respondent would show that no further action was taken. Therefore, Sri.Podiyan Pillai continued to be in service though was absent from duty.

(2.) The petitioner has filed this writ petition praying for a direction to the respondents to disburse her family pension and other pensionary benefits at the earliest. She has also prayed for the grant of interest for the amount due to her, as above.

(3.) In the statement filed by the third respondent, it is contended that the husband of the petitioner Sri.Podiyan Pillai is not eligible for pensionary benefits as he had deserted his job. The only entitlement is for provident fund and the amount due to him has been disbursed to the petitioner on 9.10.2006. Therefore, she is not entitled for any more amount.