SHEELA DEVI Vs. HRTC

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that on 30.7.1982 the husband of petitioner late Sh. Dayal Singh was engaged as driver in Himachal Road Transport Corporation (Hereinafter HRTC). It is further pleaded that thereafter on 27.3.1983 services of the husband of petitioner were regularized in HRTC as driver. It is further pleaded that on 18.12.1992 husband of petitioner was charge -sheeted for misconduct and negligence of performance of duty. It is further pleaded that on 5.9.1998 penalty of compulsory retirement was imposed upon husband of petitioner. It is further pleaded that thereafter husband of the petitioner filed OA No. 2571 of 1999 titled Dayal Singh Vs. HRTC before State Administrative Tribunal. It is further pleaded that after abolition of Administrative Tribunal OA was transferred to Hon'ble High Court of HP and the same was registered as CWP(T) No. 6054 of 2008. It is further pleaded that during the pendency of civil writ petition the husband of petitioner died on dated 26.12.2009. It is further pleaded that petitioner was also arrayed as party in writ petition after the death of her husband. It is further pleaded that writ petition was disposed of by Hon'ble High Court of HP on dated 23.4.2010. It is further pleaded that order of compulsory retirement of the husband of petitioner was quashed in writ petition and it was directed that appeal be heard afresh after passing a speaking order. It is further pleaded that vide order dated 17.7.2010 appeal filed by the husband of petitioner was rejected. It is further pleaded that after compulsory retirement of the husband of petitioner the amount of pension, gratuity, leave encashment and GPF have not been released till date. It is further pleaded that appellate authority has again not applied its mind and petitioner was not afforded any opportunity to lead his defence witness. It is further pleaded that there was inordinate delay in conclusion of the inquiry by the Inquiry Officer which has prejudiced the case of the husband of petitioner. It is further pleaded that no medical examination of deceased husband was conducted in order to prove that deceased husband of the petitioner had driven vehicle under the influence of liquor. It is further pleaded that the testimony of the then conductor of bus was not trust worthy and did not inspire confidence. It is further pleaded that even after the penalty of compulsory retirement the husband of petitioner was legally entitled for pension, gratuity, leave encashment and GPF amount. It is further pleaded that no amount of family pension has been paid to the petitioner after the death of her husband on 26.12.2009. It is further pleaded that order dated 17.07.2010 passed by disciplinary authority be held illegal. It is further pleaded that husband of petitioner be held to be in service till the date of his death i.e. 26.12.2009 with all consequential benefits. It is further pleaded that all benefits i.e. pension, gratuity, leave encashment and GPF amount be ordered to be released to petitioner along with interest @ 12% per annum. It is further pleaded that respondents be directed to release family pension to the petitioner as admissible after the date of death of her husband and arrears of family pension be ordered to be released along with interest @ 12% per annum. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of the respondents pleaded therein that the husband of petitioner was regularized w.e.f. 27.3.1983 as driver as per record of HRTC. It is further pleaded that the work and conduct of late Sh. Dayal Singh was not found up to the mark and he was compulsory retired from service. It is further pleaded that after the direction of Hon'ble High Court of HP in CWP(T) No. 6054 of 2008 the appeal was again heard by the appellate authority. It is further pleaded that petitioner was heard in person and appellate authority found no cogent reason to interfere with order dated 5.9.1998. It is further pleaded that husband of the petitioner was paid terminal gratuity amounting to Rs. 15,000/ - (Rs. Fifteen thousand) vide cheque No. 1039949 dated 30.11.1999 and leave encashment for 189 days amounting to Rs. 36,162/ - (Thirty six thousand one hundred sixty two) vide cheque No. 1039344 dated 29.9.1999. It is further pleaded that the husband of petitioner was paid GPF amounting to Rs. 46,782/ - (Forty six thousand seven hundred eighty two) vide cheque No. 977773 dated 21.10.1999. It is further pleaded that since the husband of petitioner during his service was not confirmed therefore he was not entitled for any pension and he was only entitled for terminal gratuity which stood already paid to the husband of petitioner. It is further pleaded that there was no medical report qua consumption of liquor by the husband of petitioner but he was seen consuming liquor by eye witness Sh. Dharmender Kumar the then conductor of the bus. It is further pleaded that the husband of petitioner was paid terminal gratuity, leave encashment and GPF in the year 1999 itself. It is further pleaded that husband of the petitioner was not legally entitled for pension. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in the present writ petition: