BIVA DEVI Vs. STATE OF ASSAM AND 2 ORS
HIGH COURT OF GAUHATI
State Of Assam And 2 Ors
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Songkhupchung Serto, J. -
(1.) Heard Mrs. J.M. Konwar, learned counsel for the petitioner and also heard Mr. M.R.Adhikari, learned Government Advocate who appears on behalf of all the State respondents.
(2.) This is a petition under Article 226 of the Constitution of India challenging the dismissal order dated 20.09.2013 (at Annexure-18 of the writ petition) by which the petitioner s late husband who was an employee as Peon in the department of Panchayat & Rural Development was dismissed from service, and, at the same time praying for a direction to the respondents to treat the petitioner s husband in service till he died on 20.03.2014 and grant her family pension and other pensionary benefits as admissible under the rules, and also to issue a direction to the respondents to appoint her in a Grade-IV post of the Department on compassionate ground.
(3.) The petitioner s husband was appointed as Peon under the Directorate of Panchayat & Rural Development, Assam as causal employee in the month of February, 1991 and his service was regularized on 01.03.1994. While serving, as such, he was found absent from 25.11.2011 to 04.04.2013. After a show cause notice was issued through newspaper publication on 04.04.2013 he appeared on 05.04.2013, and he was allowed to join his work. Thereafter, he was issued another show cause notice on 07.05.2013 and the same was replied by him on 17.05.2013 stating that due to his illness from chronic liver disease with Ulcer syndrome he was under treatment, therefore, he could not attend office during the period mentioned above. He also informed that he was in touch with the office through telephone now and then about his health condition and his absence from the office was not intentional or willful. The explanation was not accepted by the department hence, vide order dated 20.09.2013, issued by the Commissioner, Panchayat & Rural Development, Assam, the petitioner s husband was dismissed from service. The dismissal order as annexed to the writ petition at Annexure-18 is reproduced here below;
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