- (1.) Heard learned counsel for the petitioner and Shri Pankaj Rai, learned Addl. Chief Standing Counsel for the respondents.
(2.) Smt. Shashi Tyagi (the petitioner) is before this Court for a direction to quash the impugned order dated 30th April, 2010 passed by the Commissioner, Department of Food and Civil Supplies, Lucknow-respondent no.2 by which he has ordered for making payment of full provident fund and family pension along with arrears to the heirs of the husband of the petitioner but further provided for recovering the amount of damages from the other heads payable to the husband of the petitioner and in case the liability remains left then recover the same from the heirs of the husband of the petitioner by way of filing suit in the competent court. The petitioner has further prayed for direction to the respondents to make payment of remaining post reitral benefits along with 18% interest.
(3.) This much is reflected from the record that the husband of the petitioner namely Late Ramanand Tyagi (in short "petitioner's husband") has joined the department vide order dated 5.9.1975 and regularized vide order dated 8.9.1981. He was declared permanent on 1.1.1988 vide order dated 12.10.1999 passed by respondent no.2. On 12th November, 2005 the petitioner's husband came to Moradabad from Ballia after getting information about the illness of his wife and unfortunately on 16.11.2005 he got hospitalized at Moradabad due to brain attack. On 17.11.2005 the petitioner's husband moved an application for leave as he was advised by the doctor for bed rest. On 8.12.2005 the petitioner's husband handed over the charge of Bilhari Centre, Ballia to one Shri Amar Nath Mishra, Marketing Inspector and handed over the stock of food grains/ Sugar. Thereafter, the District Food Marketing Officer, Department of Food and Civil Supplies, Ballia, U.P. vide his letter dated 15.12.2005 directed the petitioner's husband to hand over stock book, dead stock, register, sack register and food grains to his counterpart but due to his illness he could not give compliance report and thereafter vide letter dated 31.1.2006 the Regional Food Controller, Azamgarh Division, Azamgarh had submitted report and also given direction for instituting legal/ departmental proceedings against the petitioner's husband vide his letter dated 8.3.2006. Thereafter, District Food Marketing Officer vide his letter dated 21.3.2006 given the petitioner's husband a notice stating to handover entire stock and documents to his counterpart otherwise legal/ departmental proceedings will be given effect. Thereafter, vide order dated 30.5.2006 he was transferred from Azamgarh Region to Moradabad Region and he has given full charge to his counterpart.;