VIMLESH BATHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY invoking jurisdiction of this Court under Article 226 of the Constitution, the petitioner, wife of Shri Shyam Sundar, has filed this petition seeking benefits of family pension and other retiral dues.

(2.) BRIEF facts are as under:-

(3.) MRS . Nidhi Patankar, learned Government Advocate for the other side, submits that in the nomination form the name of son of Shyam Sundar is mentioned and not the name of the petitioner. However, it is admitted in the return that Shyam Sundar was not in a proper state of mind during his service career. It is further contended that he remained unauthorisedly absent on many occasions. Even a criminal case was lodged against him. The certificate of mental hospital, Gwalior is also filed in support of the contention that he was facing some mental problem. It is admitted that Shyam Sundar is missing for more than seven years. However, it is contended that Shyam Sundar stated that his wife has disassociated her from him legally.