PRINCIPAL Vs. KUMAR DEVENDRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. After hearing the rival contentions we are of the considered opinion that the widow of the deceased employee -petitioner, Dr. Kumar Devendra may be given all the service benefits and retirement benefits accrued to Dr. Kumar Devendra. The said benefits shall be calculated treating the date of retirement of Dr. Kumar Devendra as determined by the appellant i.e. treating him to be superannuated on attaining the age of 55 years. The applicant, wife of deceased -Dr. Kumar Devendra shall also be given the any benefit which accrue to her due to the death of Dr. Kumar Devendra on 04.06.2012. It is made clear that the payment of all the retirement dues to the widow of original petitioner will not be prejudicial to her interest and she will be entitled to the further benefit if this L.P.A is dismissed and if it is held that Dr. Kumar Devendra was entitled for continuation in service after attaining the age of 55 years meaning thereby any payment made under this order will not affect or destroy or create any right in favour of any body. The payment may be made to the applicant -widow of the deceased employee within a period of three months.

(2.) THE I.A. No. 815/2012 is accordingly allowed. Since the matter is admitted for hearing list for hearing at its own turn.