RANI Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) The petitioner is aggrieved by the orders dated 22nd September, 2008 and 27th January, 2009 (Annexures P-5 and P-11 respectively) whereby the post of Safai Karamchari (Sweeper) held by her deceased husband has been declared vacant w.e.f. 4th August, 2008 due to his alleged 'continuous absence from duty' and as a result thereto, her claim for the grant of retiral dues including family pension has also been turned down.

(2.) The petitioner's husband was appointed as a Sweeper by the respondent University w.e.f. 23rd July, 1974 on regular basis. He continued to serve as such till he allegedly absented from duty w.e.f. 4th August, 2008. The petitioner's case is that her husband was hospitalized in Dr. A.S. Nahar's Clinic from 4th August, 2008 to 21st August, 2008 due to severe pain in abdomen. The petitioner's husband received a notice from the University seeking explanation for his absence from duty and in reply thereto also, he informed the authorities on 3rd September, 2008 that he was unable to join the duties due to his ailment. Without considering the explanation or holding any inquiry, the Registrar of the University, passed the impugned order dated 22nd September, 2008 (Annexure P-5) which reads as follows :

(3.) The petitioner's husband filed an appeal against the afore-stated order which was also turned down on 27th January, 2009 (Annexure P-11) though only after his unfortunate demise on 26th December, 2008. The respondent authorities thereafter rejected the petitioner's claim for retiral dues and family pension, giving rise to these proceedings.