UMMED KANWAR Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed to seek release of benefit of family pension as well as to seek direction against the recovery of a sum of Rs. 70,979.29. It is contended by the learned Counsel for the petitioner that the petitioner's husband died in an accident on 5.6.1995, however, even after the death of Government employee, the family was not extended benefit of family pension and other terminal benefits, rather, the respondent-subsequently issued an order directing to effect recovery of a sum of Rs. 70,979.20 dues payable to the family of the petitioner.It is contended that the said recovery is not proper, as deceased employee had given due charge.

(2.) Learned Counsel for the respondent on the other hand submits that the recovery of the amount of Rs. 70,979.29 was effected pursuant to the report submitted by the committee and otherwise, benefit of family pension and other benefits have already been extended to the petitioner after deducting the aforesaid sum. It is submitted in reply that necessary benefits in that regard were extended to the petitioner vide order dated 30.9.2000, i.e., almost after a period of five years, after the death of the deceased employee. It is contended that delay in settling the terminal benefits was due to non-compliance of required formalities by the petitioner.

(3.) So far as, the recovery is concerned, it has nowhere stated that the deceased employee or his family was given an opportunity of hearing by the committee. Thus, it becomes clear that recovery has been effected against the deceased employee in violation of principles of natural justice and thereby the petitioner has been deprived to get due benefits, after the death of deceased employee to the extent of Rs. 70,979.29 and even there is a delay in release of terminal benefits.