STATE OF JHARKHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Being aggrieved by the decision of the learned Single Judge, the State of Jharkhand is in appeal. By the impugned judgment dated 12.04.2018 passed in W.P.(S) No. 3204 of 2013, the penalty order of dismissal from service dated 23.10.2007 inflicted upon the husband of the writ petitioner, ex parte and the appellate order dated 14.03.2013 affirming the same were quashed. The writ petitioner was held entitled to the benefits of family pension and other post-retirement benefits with a rider that it shall not be paid to the writ petitioner for the next two years and if mother of the deceased employee appears, the amount shall be distributed amongst the legal heirs in terms of Section 6 of the Hindu Succession Act, 1956. The learned Single Judge also directed the respondent State to decide the claim for compassionate appointment of the writ petitioner within 3 months. Husband of the writ petitioner namely Bharat Dharti Thapa had died on 19.11.2007 in rather strange circumstances during his period of absence at a place called Medak in Andhra Pradesh.

(3.) Relevant material facts borne from record indicate that husband of the writ petitioner was a constable in Jharkhand Armed Police (JAP)-I. He had absented from duty from 08.03.2007 without information or leave. He was proceeded against for the charge of willful unauthorized absence from duty. Notices sent on his permanent address remained undelivered due to his absence since no other person was available to receive it. The proceeding ended ex parte with the order of his dismissal from service.