SWARAN KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to release the retiral benefits in the context of service rendered by the husband of the petitioner.

(2.) It has been pleaded in the petition that Kala Singh, husband of the petitioner, had been serving the Punjab Roadways, Transport Department, since 8.9.1977. The services of Kala Singh were terminated vide order dated 9.10.1997. It seems that the employee-Kala Singh died in November, 1997 itself. Aggrieved by the order of termination of services, statutory appeal was filed. Be that as it may, the penalty was converted from penalty of termination of service to compulsory retirement, which entitled the petitioner to pensionary benefits.

(3.) Learned counsel for the respondent-State contends that already a very lenient view has been taken by the department in converting the penalty of termination of service to compulsory retirement. In view of the complexity, some delay might have occurred, however, it is neither mala fide nor intentional.