Paramjit Kaur vs Secretary and Commissioner, Health Ayush, Punjab and Another

Ajai Lamba, J.—This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the Respondents to release retiral benefits.

Husband of the Petitioner was serving in the office of Health and Family Welfare Department, Punjab. On death of Sh. Gurratan Pal Singh, the Petitioner prays for release of pensionary benefits, Sh. Gurratan Pal Singh having died on 09.01.2010.

Dr. Rajesh Sharma, Deputy Director (Dental), Directorate of Health & Family Welfare, Punjab has filed affidavit with the assertion that material facts have been suppressed and concealed from this Court.

It has been pointed out that husband of the Petitioner joined service on 20.08.1977, however, he remained absent from duty w.e.f. 17.11.1981 to 12.09.1986. The said person again remained absent from duty from 07.01.1987 to 22.01.1987; 09.02.1987 to 10.02.1987; 17.02.1987;01.06.1987 to 30.06.1987 and 06.11.1987 till order of dismissal.

It has been pointed out that a show cause notice was issued and, therefore, a charge sheet was also issued in connection with the misconduct of the employee. Reply was not furnished. Inquiry officer was appointed under Punjab Civil Service (Punishment & Appeal) Rules, 1970 to inquire into the misconduct of the Petitioner, which fell within the scope of Rule 8 of the Rules. The inquiry officer returned findings against the husband of the Petitioner whereupon the said person was dismissed from service vide order dated 20.02.2008. The period of absence of the said person was also treated as dies non.

Copy of the order has been placed on record as Annexure R-1.

In view of the dismissal of the husband of the Petitioner from service, no claim for pensionary benefits could be made and, therefore, no relief can be granted to the Petitioner under extra ordinary writ jurisdiction.

Petition dismissed.