MADHAV SINGH SON OF LATE SHRI SURESH CHANDRA SHEKHAWAT Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) Both petitioners are children of one Mr. Suresh Chandra Shekhawat, who was Sanitary Inspector Grade-2 Nagar Prarishad, Bharapur, and expired on 22nd September, 2009.

(2.) Brief facts deserve to be noted are that the petitioners' father, while in service, was convicted for offence under Section 306 of the Indian Penal Code and allegation against him was that he abated his wife to commit suicide. The conviction order was passed on 24.06.95 by learned Additional Sessions Judge, Sambhar Lake in Sessions Case No. 48/1992. The deceased employee, who had been earlier reinstated during the pendency of the criminal case, was again suspended by the Municipal Corporation upon his conviction. The deceased employee moved an application for suspension of sentence, which was allowed by Appellate Court and thereupon, he was again reinstated in service by the respondents.

(3.) While in services, he expired and the appeal, which was pending against his conviction and sentence, was thereafter abated. In the aforesaid circumstances and in view of the fact that the deceased employee was in service on the day when he expired, his children approached the respondents claiming death gratuity in terms of Rule 55 as well as other terminal benefits, which a deceased Government Servant is entitled to including leave encashment, which was in his credit on the day when he expired, as also the intervening salary of the suspension period as the suspension period had not been regularized during his life time. Having been denied the same by the respondents, the present writ petition has been preferred by the petitioners praying for the same relief.