GITA BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition under Article 226 dated September 11, 2000 is questioning an order of Life Insurance Corporation of India (in short LIC) dated September 16,1993 (WP p.40) inflicting the penalty of removal from service on her husband, Amalendu Biswas, and seeking a mandamus commanding LIC to pay her all benefits which would have become payable on Amalendu's superannuation in ordinary course on February 28,1999.

(2.) Under the circumstances, the disciplinary authority passed the order dated September 16, 1993 inflicting on Amalendu the penalty of removal from service with immediate effect on the grounds that he was overstaying his leave for a continuous period of more than ninety days from October 5,1991 without any intimation therefor in writing.

(3.) Lic sanctioned family pension for the petitioner with effect from November 1,1993, but did not pay. The petitioner instituted an OC Suit No. 227 of 1998 in the Court of the Civil Judge, Junior Division, Jalpaiguri. In the suit she prayed for a declaration that Amalendu, not heard for seven years, should be declared dead. LIC contested the suit. By a judgment dated March 19,1999 the suit was decreed.