MD SALEEM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE son of the deceased employee has filed this writ application under Articles 226 and 227 of the Constitution of India for quashing the order dated 27.1.1993 passed by the respondent Director, Public Health Organisation, whereby the pensionary benefits has been denied on the ground that the services of the concerned employee stands terminated w.e.f. 22.8.1982, a copy of the said order is Annexure -6 to this writ application. A further prayer has been made for a direction to the respondents to pay the pensionary benefits, legally payable to the deceased employee, who died in harness on 9.1.1989 as also to appoint the petitioner on compassionate grounds.

(2.) THE case of the petitioner in short, is that his mother Smt. Tamijan Khatoon was appointed on vacant post of Trained Dai in the pay scale of Rs. 28 -1 -40 on 16th December, 1958. A copy of the appointment letter is made Annexure -1 to this writ application. Pursuant to the appointment letter she joined in December, 1958 itself, and was posted to various places including Hilsa, Fatwah and finally at Field Demonstration Centre, Rajgir in the year 1976 where she remained till her death. The mother of the petitioner while working at Rajgir, she met with an accident in August, 1982 as a result of which she sustained multiple fracture injuries in her leg and other parts of the body and, as such, she could not join the duty. Due to her illness she remained absent from 21.8.1982 to 2.1.1987 when she joined the duty after she had recovered from her illness. It is alleged that she sent her leave application along with medical certificate from time to time. The joining letter as well as the Medical Certificate in support of her illness have been made An -nexures -2 and 3 to this writ application. It is alleged that after joining, she again fell seriously ill on 1.1.1988 and ultimately she died in January, 1988 while she was in service. The petitioner is the only son of the deceased employee as the husband of the deceased has predeceased her. After the death of his mother, the petitioner filed an application before the Medical officer Incharge, Rajgir for appointment on compassionate ground including grant of death -cumpensionary benefits to the deceased mother. No order has been passed and on the contrary, the petitioner received a letter dated 27.1.1993 informing him that his deceased mother having been discharged from the service with effect from 1987 due to her long absence and, as such, neither the pensionary benefits is payable to the concerned employee nor the question of appointment on compassionate ground and a copy of the said order is made Annexure -6 to this writ application.

(3.) THE sum and substance of the stand taken in the counter affidavit is that since the petitioner remained absent for a long period and inspite of the notice having been served, she failed to join her duty as a result she was discharged from the service. Accordingly the petitioner is neither entitled to the pensionary benefits nor appointment on compassionate grounds. A counter affidavit has also been filed on behalf of the Accountant General wherein inter -alia it is stated that the State respondent namely Medical Officer Incharge, Rajgir was requested to send the pension paper including sanction order for payment of pension and gratuity so that authority slip may be issued.