CHAMPA (SMT ) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the prayer that the respondents be directed to provide national promotion to her late husband who was working with them on the post of Inspector (Land Records), Naib Tehsildar and Tehsildar from the date junior persons to him were allowed promotions against the vacancies of the year in which he was entitled to promotion with all consequential benefits.

(2.) Factual matrix of the case is the the late husband of the petitioner was dismissed from service by order dt. 25.07.1969. He challenged the aforesaid order before this Court is S.B. Civil Writ Petition No. 135/88. The said writ petition was originally filed against the order of suspension, During the pendency of the writ petition however late husband of the petitioner Shri Sohan Raj Surana was dismissed from service therefore the petition was allowed to be amended, Soon thereafter, the original petitioner unfortunately expired. This Court while deciding the writ petition noted the fact that he was kept under suspension for about 20 years so much so that by the time the order of dismissal was passed, he had already retired from service on attaining the age of superannuation. The respondent therefore took an unreasonably long period in completion of the disciplinary proceedings. This Court on consideration of the argument of the petitioner in that case ultimately found the order of dismissal unsustainable in law and therefore quashed and set aside the same with the directions to the respondents to pay half of the arrears of salary to the widow of the deceased-petitioner from the date of his suspension upto the date of his superannuation on 31.7.1988 after deducting salary already paid to the deceased. The respondents were further directed to pay full arrears of salary and pension to the widow of the deceased from the date of superannuation of the deceased until the decision of the aforesaid judgment and continue to pay such pension during her lifetime.

(3.) The petitioner has filed this writ petition with the prayer that the order of dismissal of her husband having been declared illegal by the aforesaid judgment of this Court, her husband would be deemed to have continued in service till he retired on attaining the age of superannuation. He should therefore be held entitled to consideration for promotion on the post of Inspector (Land Records), Naib Tehsildar and Tehsildar and pay arrears of such posts on promotion with effect from the date such promotion was granted to his juniors.