MEERABAI JHINGARIA MESHRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD .

(2.) BY this petition, the petitioner has challenged the order passed by respondent no.3 in O.A. No.608/1999 and also R.P. 2001/2001 in O.A. No.608/1999. The petitioner has prayed for mandamus to direct respondent nos.1 and 2 to pay family pension and other related benefits of her late husband to the petitioner as admissible with interest thereon.

(3.) WE have gone through the grounds taken in the petition. It appears that husband of the petitioner, namely, Jhingaria Bhagwati Meshram who was serving as Fitter Grade III with respondent Railway was appointed on 14.5.1943 in the pay scale of Rs.110 180/ with P.F. Account No.91460, B 21107. The record shows that he came on transfer from Bilaspur to Nagpur on 18.11.1960. He was promoted as Engine Examiner in the pay scale of Rs.380 560/ w.e.f. 5.7.1969. It appears that he was removed from railway service from 11.4.1980, pursuant to the letter No.M3/33/1, dated 04/09.04.1980 on the ground that he had misappropriated drum brass drawn for machining and use on Engine No.9641 on 3.7.1979. This particular order as well as communication received by the husband of the petitioner was never challenged. Since record indicates that the husband of the petitioner was removed from service, the petitioner would not be entitled for pensionary benefits and related benefits. That being so, we do not find any serious infirmity in the impugned order. Hence, the writ petition is dismissed. Rule is discharged.