STATE OF U P Vs. RAMA DEVI

JUDGEMENT

(1.) RAJES Kumar, J. Present appeal is against the order of learned District Judge, Mainpuri dated 30. 4. 1993 in Civil Appeal No. 63 of 1992, State of U. P and others v. Smt. Rama Devi and others, arising from Suit No. 402 of 1990, Smt. Rama Devi and others v. State of U. P. and others.

(2.) BRIEF facts giving rise to the present appeal are that Smt. Rama Devi and two others filed suit No. 402 of 1990 against the defendants/appellants for the declaration that she is entitled to service benefits after the death of her husband and for the decree of monetary injunction for the payment of service benefits including pension and other benefits. Rama Devi is the widow of Bhim Singh and Km. Rani and Neetu were minor daughters. Bhim Singh was constable in P. A. C. and was posted at Aligarh. He was suspended on 22. 5. 1987 on the ground that he was involved in a criminal case under Section 307, I. P. C. in session trial No. 390 of 1987 he was convicted and sentenced to 4 years' R. I. by Vth Additional Sessions Judge, Mainpuri, Bhim Singh filed appeal No. 1720 of 1988 and was bailed out by this Court on 5. 8. 1988. Bhim Singh was murdered on 4. 10. 1988 while he was posted in 28th Battalian P. A. C. The Commandant 38lh Battalian P. A. C. dismissed him on 8. 12. 1988 w. e. f. 13. 7. 1988. Plaintiff-respondents chal lenged the dismissal order on the ground that the dismissal order was passed without issuing show cause notice is against the principle of natural justice. De spite the application being moved by the plaintiff-respondents, no steps have been taken for granting her pension benefits and other service benefits accrued to her after the death of Bhim Singh, Notice was issued to the defendants-appel lants on 6. 3. 1990 and, thereafter, suit has been filed. On the consideration of the entire facts and circumstances, suit has been decreed and the direction has been issued to pay the retiral benefits vide order dated 10. 9. 1992. Being ag grieved by the aforesaid order appeal No. 63 of 1992 was filed. The said appeal has been dismissed by learned District Judge vide order dated 30. 4. 1993- Being aggrieved by the said order, present second appeal has been filed.

(3.) HE submitted that under Section 6 of U. P. Public Services Tribunal Act, 1976 (hereinafter referred to as "act") no suit is maintainable against the State Government for any relief in respect of any matter relating to employment and thus, the suit was barred.