ANGOORI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HERE is a case of widow whose husband Kajod Ram had died after superannuation on 23. 3. 1995. The order of superannuation is attached as Annexure-1. The deceased employee was not granted the benefit of pension, gratuity and other retiral benefits during his life time. He had been reminding the department but no action was taken. He could not enjoy the retiral benefits in his life time and had died on 27. 3. 1997.

(2.) THE petitioner widow continued the efforts of obtaining the pension and gratuity and other retiral benefits by making continuous representations and reminders. She was running from pillar to post. None was prepared to pay any heed to her requests. It is stated that even her husband after retirement had become sick and because of paucity of funds he could not even be treated properly and ultimately died in the absence of proper medical treatment, leaving behind a minor son of 14 years and a daughter of 17 years. THE burden of bringing up the minor children was left on the shoulders of the widow.

(3.) IN my opinion, any enquiry held for the purpose of recovering the cost of the material which is said to have not been deposited at the time of retirement by the deceased employee has no meaning, if held at the back of the employee, and as such no amount could be deducted from any of the retiral benefits. Any inquiry made for assessment of loss against a dead person can not bind the legal heirs of such person if no such inquiry was made after giving due opportunity to such person when he was alive. IN the present case the deceased official was not associated with any inquiry in his life time.