Devendra Kumar Arora, J. - (1.) BY means of present writ petition, the Petitioner has challenged the order dated 21.01.2011, by which the Petitioner has been deprived of post retrial benefits of her deceased husband.
(2.) THE submission of learned Counsel for the Petitioner is that the husband of the Petitioner, late Imtiaz Khan, was working on the post of Driver in Sultanpur Depot under U.P. State Road Transport Corporation and died on 01.03.2009 during the course of employment. After death of Petitioner's husband there is no means of livelihood and Petitioner and her family is in very miserable stage. The further submission of learned Counsel for the Petitioner is that husband of the Petitioner was removed from service by means of order dated 21.04.1998. The order of removal was challenged before this Court by means of Writ Petition No. 2563 (S/S) of 2000. This Court vide judgment and order dated 08.09.2003 quashed the enquiry as well as removal order and directed for reinstatement of the Petitioner's husband in service with all consequential benefits. The order of learned Single Judge was challenged by the department by means of Special Appeal No. 518 of 2003, which was dismissed by means of order dated 23.01.2004 with liberty to the department to proceed against the husband of the Petitioner afresh. When the order of this Court was not complied with a Criminal Misc. Case No. 826 (C) of 2004 was filed.
(3.) IT is also submitted that the husband of the Petitioner was against placed under suspension vide order dated 29.04.2004, which was challenged before this Court by means of Writ Petition No. 6647 (S/S) of 2004 and this Court by means of order dated 08.04.2004 stayed the suspension order of the Petitioner and notices were also issued to the concerned authorities calling upon them as to why contempt proceedings may not be initiated against them and also as to why and under what circumstances the directions issued by this Court in two judgments have not been carried out. In compliance of order dated 08.04.2004 the authorities concerned cleared all the dues pending by that time. However, the order dated 08.04.2004 was challenged before this Court by means of Special Appeal No. 483 of 2004, which is pending before this Court and no relief was granted to the department. The opposite parties on the ground of pendency of the special appeal have not paid the service dues to the Petitioner after death of her husband.;