RAJ KUMARI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) -Heard counsel for the parties and perused the record.

(2.) LATE Madan Prasad Gupta was appointed on 5.1.1979, as a Lekhpal in Tehsil Farenda, district Maharajganj. Petitioner No. 1 is wife of late Madan Prasad Gupta who died on 1.3.1998. Petitioner No. 2 is his son. It is alleged that being legal heir and representative of the deceased petitioner No. 1 submitted a representation to the Collector, Maharajganj for payment of his retiral benefits but no action was taken by the respondents and neither the pension nor the retiral benefits of the deceased were released to the petitioners except a sum of Rupees 15,305 on 7.12.1993 as the arrears of revised pay scale due to late Madan Prasad Gupta.

(3.) FROM the perusal of the impugned order it appears that one Sri Parmeshwar Sahai had filed a complaint against late Madan Prasad Gupta stating that he had not passed High School Examination. Late Madan Prasad Gupta was suspended on 11.12.1997 and expired on 1.3.1998, i.e., within about 2 and 1/2 months of the order of suspension. A report was, therefore, submitted to the effect that appointment of Madan Prasad Gupta since deceased was doubtful as his dependents could not produce the High School certificate of the deceased. The relevant extract of the report is as under : ...[VERNACULAR TEXT OMMITED]...