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Judgment
Heard learned counsel for the petitioner and State.
In view of the fact that the late husband of the
petitioner was being proceeded against and even jailed in a criminal
case on the allegation that he had defalcated Government money, an
order was passed on the departmental proceeding, which was
assailed by the petitioner in C.W.J.C. No. 19711 of 2011, in which a
co-ordinate Bench of this Court by order dated 03.12.2013, did not
interfere. However, it was observed that keeping in mind the
punishment, whatever was legally due, be paid to the petitioner.
Thus, when the order has already been tested and not interfered by
the Court, payment of retiral benefits has been in terms of the said
order. From the order passed in the departmental proceeding, it is
apparent that no punishment has been awarded and only the amount
defalcated by the late husband of the petitioner has been directed to
be adjusted. Thus, to that extent, even the late husband of the
petitioner was entitled to 100% pension and thereafter the petitioner,
who is his widow is entitled to 100% family pension. It is clarified
that entitlement of the petitioner''s late husband to 100% pension will
not mean that payment has to be done of the amount which has been
adjusted. The adjusted amount remains untouched. As the authorities
have only calculated provisional pension and adjusted the alleged
defalcated amount, the late husband of the petitioner is held entitled
to the remaining pension which has not been paid to him or to the
petitioner. The same be calculated by the authorities and paid to the
petitioner within four weeks from the date of production of a copy of
this order before the respondent no. 3. Further, the petitioner being
held entitled to payment of 100% of family pension, the respondent
no. 3 shall also ensure that the same is paid, if already not done.
The writ petition stands disposed off in the
aforementioned terms.