LAWS(P&H)-2016-12-164

RAJINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

Decided On December 16, 2016
RAJINDER KAUR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Articles 226/227 of the Constitution of India for issuance of writ of Mandamus directing the respondents to release the salary of the husband of the petitioner for the period from 28.05.2002 to 04.10.2010 and the retiral benefits/dues posthumously i.e. GPF, DCRG, leave encashment and GIS alongwith interest.

(2.) Brief facts of this case are that Harinder Pal Singh (deceased husband of the petitioner) was working as Driver with respondent No. 4. He was removed from service vide order dated 28.05.2002. Thereafter, he challenged the said order by way of filing a civil suit before the learned Additional Civil Judge (Senior Division), Ferozepur. The Court vide judgement and decree dated 19.11.2007 (Annexure P-1) set aside the order of removal and held that the plaintiff (husband of the petitioner herein) would continue in service on the same terms & conditions and emoluments/benefits as admissible from time to time. Aggrieved by the said order, the State preferred an appeal before the District Judge, Ferozepur, who vide judgement and decree dated 06.11.2009, modified the said order to the extent that the disciplinary authority was allowed to hold a fresh enquiry and then take action in accordance with law. Harinder Pal Singh (husband of the petitioner) also challenged the said judgement and decree of District Judge, Ferozepur before this Court in a Regular Second Appeal (RSA No. 732 of 2010) and vide order dated 17.02.2010, (Annexure P-3), the said RSA was dismissed.

(3.) It comes out that thereafter no fresh enquiry was initiated against the said Harinder Pal Singh. Ultimately, he died on 04.10.2010. Thereafter, the respondents had passed an office order 08.12.2011 whereby order of removal of the husband of the petitioner was withdrawn and departmental proceedings were ordered to be closed in view of the death of the Harinder Pal Singh (husband of the petitioner) and the benefit of family pension and other benefits was ordered to be granted to his family. It comes out that vide another order dated 16.02.2005, the period during which the said employee remained under the effect of order of removal was ordered to be treated as leave of the kind due. In the present petition the petitioner claims the salary for the said period i.e. 28.05.2002 to 04.10.2010 and retiral benefits also after considering said period as a duty period