LAWS(PAT)-2004-4-100

SRIMATI DEVI Vs. UNION OF INDIA

Decided On April 06, 2004
Srimati Devi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) IN this writ petition, the petitioner has claimed for grant of entire retirement benefits, including the family pension to her and her unmarried daughter and one minor son.

(2.) THE petitioner is the widow of Late Rajbanshi Ram, who was in the service of the respondent -Ayudhgar Ordnance Depot at Alipore as Tentmender (T/NO. -186). According to the case of the petitioner, in January, 1985 her husband came to his native village Narharpore, P.S. Marhowrah in the district of Saran on leave from Ordnance Depot, Alipore, Calcutta. On 7.2.1985 her husband returned back to work, but did not reach there as she learnt later. The petitioner on 25.6.1990 filed a written report about missing of her husband with the Officer -in -Charge of Marhowrah Police Station, vide Annexure 1, which was registered as Sanha no. 456 dated 25.6.1990. On 3.7.1991 the Officer -in -Charge gave a missing certificate, vide Annexure 2. After getting a copy of the said Sanha and certificate, the petitioner approached the authority concerned for payment of all dues, including family pension. The Personnel Officer of Ordnance Depot, vide his letter no. 0697/RBR/EST dated 7th August, 1991, contained in Annexure 3, intimated her that since her husband was removed from service due to prolonged absence from duty for more than five years, she is not entitled for family pension or any other financial assistance. However, he further informed her that under the existing provision, she may be entitled for family pension in case her husband is declared missing by the appropriate police authorities of her State and advised her to fulfil the following requirements and forward/intimate the depot to take further action on the subject: "(a) F.I.R. No. in case you have lodged any F.I.R. to your nearest police station stating missing of your husband Shri Raj Bansi Ram. (b) Report regarding missing of your husband to be obtained from the missing squad of Bihar State. (c) Any other information such as T.V./Radio broadcasting or publication regarding missing of Shri Raj Bansi Ram made by the Police authorities."

(3.) THE petitioner claims to have filed the certificate granted by the Mukhiya of Gram Panchayat Raj, Narharpur dated 8.1.2002, contained in Annexure 6, about her husband being traceless since 7.2.1985, but finally her claim was rejected on the plea that a dismissed employee is not entitled for any pensionary award, vide Annexure 8. The petitioner thus filed the present writ petition on 8.8.2003 after service of notice on 29.7.2003 upon the learned Senior Standing Counsel appearing for the respondents.