C.W.P. No. 1656 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P. No. 1656 of 2008 Date of decision : 14.5.2008. ... Smt. Chameli Devi and others ................ Petitioners vs. The State of Haryana and others .................Respondents Coram: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice K.C. Puri Present: Sh. Ashish Aggarwal, Advocate for the petitioners Sh. Harish Rathee, Senior Deputy Advocate General, Haryana. ... Jasbir Singh, J. (Oral) Petitioner No.1 is widow of Ram Chander s/o Munshi Ram, who was working on regular basis as Water Pump Operator-II with the respondents. petitioners No. 2 and 3 are the children of abovesaid Ram Chander. They have filed this writ petition with a prayer that directions be issued to the respondents to sanction family pension and to release other retiral benefits due to the abovesaid Ram Chander, in their favour. Brief facts of the case are that Ram Chander was taken in service in the month of December 1974 as a Key Man in the department of Public Works (Public Health), State of Haryana at Hisar. In the year 1979, he was promoted against the post of Water Pump Operator-II. In the month of July 1987, wife of Ram Chander's C.W.P. No. 1656 of 2008 -2- brother died and on account of that FIR No.100 dated 27.7.1987 was registered against Ram Chander, his two brothers, namely, Om Parkash and Gaje Singh (they were also working on work charge basis with the respondents) and Sheo Bai, mother of the abovesaid Ram Chander, under Sections 304-B, 498-A, 201 read with Section 34 of IPC. Ram Chander alongwith others, was tried in the abovesaid case. He was convicted by the Court of Additional Sessions Judge, Hisar on 7.6.1988. In view of his conviction, he was ordered to be terminated vide order dated 17.11.1988. Ram Chander went in appeal, which was admitted for hearing. However, during pendency of that appeal, he died on 21.2.1992, Abovesaid appeal came up for hearing before this Court on 23.10.2002. Due to death of Ram Chander, proceedings qua him were dropped. However, qua others, appeal was heard on merits and they were acquitted vide judgment referred to above. A specific finding was given by this Court that the prosecution has failed to prove any case against co-accused of the Ram Chander in the above mentioned FIR. It is not in dispute that role attributed to abovesaid Ram Chander was akin to the role attributed to his brothers, namely, Om Parkash and Gaje Singh. We feel that had he been alive, he would also have been acquitted alongwith them. It is also an admitted fact that after acquittal of Om Parkash and Gaje Singh, they were reinstated in service on 23.12.2004 vide office order No.12997- 13001. Petitioners filed an application to get family pension and release of other retiral benefits, which may have become due, if abovesaid Ram Chander would have been alive, their case was C.W.P. No. 1656 of 2008 -3- recommended by the Executive Engineer for grant of necessary relief. Thereafter, it appears that matter continued to shuttle between the office of Chief Engineer, Haryana, Legal Remembrancer and Secretary to Government of Haryana and Director of Prosecution, State of Haryana. It is how this writ petition has been filed. Counsel for the parties heard. Sh. Rathee has opposed the grant of relief to the petitioners on the ground that as Ram Chander had died during pendency of the appeal, as such conviction against him stands. The acquittal given to his co-accused, cannot be treated as acquittal to him also. We feel that argument raised, is liable to be rejected. It is apparent from the record and not disputed before us that role attributed to Ram Chander was similar to the one attributed to Om Parkash and Gaje Singh etc., who were his brothers. Om Parkash was husband of the deceased and on merits, acquittal was granted to him by this Court, vide judgment dated 23.10.2002. If that is so, we fail to understand as to what remains against Ram Chander, on the basis of which relief cannot be granted to him. His role is certainly less as compared to Om Parkash. Had he been alive, he would also have been acquitted by this Court. It is also not in dispute that Om Parkash and Gaje Singh were also in Government service and after their acquittal, both of them were reinstated in service. Case of the petitioner was also recommended for the abovesaid relief. However, the authorities failed to recall his termination order and matter was kept on pending unnecessarily without any justification. C.W.P. No. 1656 of 2008 -4- It is also not in dispute that Ram Chander was dismissed from service only on account of his conviction in the abovesaid case. Departmental enquiry was not instituted against him. Against other co-accused, even after their acquittal and reinstatement in service, the State has not contemplated any departmental enquiry. In these circumstances, we feel that there is no justification in not recalling the order of termination passed against abovesaid Ram Chander. In view of facts mentioned above, we allow this writ petition and set aside the order of termination of Ram Chander dated 17.11.1988, he be deemed to have been reinstated in service. However, it is made very clear that as Ram Chander was terminated from service on account of some private dispute, in which he was convicted, the petitioners shall not be entitled to claim any actual financial benefits for the period abovesaid Ram Chander remained out of service. Notional benefits will be granted to them and by taking note of date of death of Ram Chander, family pension and other retiral benefits shall be calculated and disbursed to the petitioners. Needful be done within a period of two months from the date of receipt of a certified copy of this order. ( Jasbir Singh ) Judge ( K.C. Puri ) 14.5.2008. Judge chug