mm ...................- ........ EEK-20° ‘mm (W) m ammm V / Patitigngrs Respondent Presem‘: Miss Sharmila Sir1ghai, Assf Soiicifor Gevieral of India for The pe‘ri‘rioner. ‘HON’ELE iv’s'ii. tHI§ENDRA Mi5H§A é} HON'BLE MR, RN: CHANDRAKAR. 3’3 WP. (S‘ No2495i260? (Pe’l'i‘rion under Ar’ricle 2126 of fhe Consfi’ruw‘ion of India) .Union of India, *hrough The i‘ecrefary, Governmen'r of indiu, inisTry of Wafer Resources, Shram hakTi Bhawan, New Delhi. e Chief Posimasfer Genera-i, ha'r‘risgarh Circle, Raipur. ’ e Direcfor' Po'sfai Services, O/o .P.‘M.G.,. CG. Circle; Raipur. h f 5m . Draupadi BAI Ndgamchi, widowo’i‘ La? 5L. Nagamchi, aged abou'i' 5O year‘s, a? Ruchripam, Near- Rajeev Lochcm M d e Senigr‘ superinTendenT of POST fices, Raipur Divisiori, Raipur‘ Versus ir; Viliage/ Pos? Rauiim; RS. / TehsH RaJim, DiSTricT Raipur (ChhaTTisgurh) .._Q.R_Q_E.E May, 2009) h h h L am W (W) mmm V‘ mmm mmm Dhirendra Mishm. J: 1. rlf WWW‘é‘WW "V $31'mm WW5; This pe'l'i‘rion is directed da‘red 03.12.2008 wher‘ Tribunal. Jabalpur Benchi. Circuif Sif‘ring a? Bilaspur‘ (for shor'f 'Tribunal') has all responden‘r herein and d responden’r famiiy pen consequen‘i’ial benefifs Le. . Briefly sm‘red; facTs of The case are fhaf husband of 5L. Nagarachi was appoin‘red as Pos‘ral Assisfanf in The and on 11.12.2002 denar‘rmen‘ral enquiry was also conducTe agains‘r him. Af'i'er The dea1'h of her husband. ‘rhe resnon agains+ “rhe order of AnnexurerP-i aby The Cenfml Adminisfm‘rive The original applicafion 0f The fed 'Hne peTi‘i’ioners To gram The w.e.f. 12.6.2005 wi'ih all reors of pension e‘l’c. d c IOI’I r resnondenf namelv Lafe l' I ear 1978. He was placed under susnension on 11.10.2002 em‘ made represenTa‘rion for *he release of re‘l'iral benefi‘l's and Thereafi‘er also served a legal nm‘ice on The pei‘ifioners. responden‘r was informed h ‘l'heref'oref she is nof en'r i n response f9 The legalinofice‘ The n 27.7.2005 Thai her husband was services before his dea‘l’h and ed for re‘riral benefifs. 1n These circums‘i'ances fhe respvon en‘r filed an original applicatio i \ 1,00,000. \ \‘gs 11 /2oog Wm .................................... -............... 31200 already removed from f / o i n l mm .................................... -...............uizoo >mm (W) ‘ mmm mmm mmm g’g/ W! . w§wm before The Tribunal for gran? of reTir'al dues and pension as per r-ules. -. Miss Sharmila Singhai, learned AssisTanT SoliciTor General of India appearmg for The E'H‘Honers vehgmen‘l‘ly argued Tha‘l’ i'hz deceased employee as placed under suspension from 11.10.2002. he was chm-g ‘d shee‘l‘ed on 11.12.2002 and since The charges were prove agains‘r him as per reporf of The Enquiry Officer; The dec used employee was served wiTh a noTice along wiTh enquiry reporT and he was called upon To renly. r slnCz he lalled l OVO” Hle ODDOI'IUHHVI rJ‘ 0,131ed 10 him, he was removed fr m The services vvide order daTed 30.3.2005. Many aTTemp s were made To serve The order of removal buT The same ould noT be delivered upon Shri Nagarachi during his lif Time and who ulTimaTely died on 12.6.2005. The Tribunal relying upon The judgmenT of The Hon’ble 'Apex in The maT -r- of STaTe of Punjab Vs. Amar $ingh Harika reporTecl in IR 19é6 $C 1313 heid ThaT The $aifzmm W $121 game \ \ max V ‘ o ;.. ‘ gizoo ¥ »mm(W> mmm g g, Tribunal for reaching To 1'} su‘risfied Tha‘r The reliefs fribuml is sfr'icTly in acco'r In The result The pe‘rif deserves To be dismissed fhe admission stage itself. Sd/- Judge ‘ WWW // “mm Jw ‘ mwetwm awmam . :e above conclusion and we are also growled To the respondent by The dance wi‘rh law. on has no subs‘rances; fhe some and accordingly, i‘r is dismissed cn‘ No order as To cosl’s. Sd/- Dhirendra Mishra . " "‘\ R.N. CHANDRAKAR. Judge WWWWW~FSA5 11/2008 1,00,000. x