Siddharth, J. - (1.) Heard Shri Ranjit Saxena, learned counsel for the petitioner and Shri Nripendra Mishra, learned counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for quashing of the removal order dated 06.05.2010, passed by the respondent no.3, Executive Engineer, Electricity Distribution Division-I, Paschimanchal Vidyut Vitran Nigam Ltd., Bulandshahar, removing her husband from service. Further prayer has been made for direction the respondents to pass order of reinstatement of petitioner's husband in the light of Government of U.P. decisions and other recommendations and to pay all the dues including E.P.F., Gratuity and other dues to the petitioner and also provide her appointment under Dying-in-Harness Rules.
(3.) The brief facts of the petition are that the husband of the petitioner, late Sanjay Ruhella, was appointed as skilled coolie in the year 1993. He suffered from ailment of kidney and was under treatment and absented himself from duties. By the impugned order dated 06.05.2010, the respondent no.3 removed him from service, on the ground that he is unauthorizedly absent from duties since January, 2009 and despite publication of notice in newspaper on 19.02.2010, he did not turn up to join his duties. It has been stated that on 13.06.2010, petitioner's husband represented to the Energy Minister against his removal from service, who directed the Executive Engineer to reinstate him in service, but in vain. Thereafter, on 09.11.2010, the petitioner again made an application before the Energy Minister, who directed the Competent Authority to pass suitable orders, but nothing was done. On 13.02.2011, the Energy Minister again directed the Chief Engineer, Ghaziabad Zone to reinstate the petitioner in service, but nothing was done. The petitioner approached the Superintending Engineer against his order of removal, who sought legal advice from the Deputy Law Officer of the Corporation on 23.05.2012. On 30.07.2012, the office of the Chief Minister also issued direction to the competent authority to reinstate the petitioner. On 12.09.2012, the Chief Engineer, Distribution, Ghaziabad Zone, directed the Superintending Engineer to look into the grievance of the petitioner, but nothing was done. On 07.08.2013, the Superintending Engineer sought direction from the Chairman and Managing Director of the Corporation for reinstatement of the petitioner. On 08.03.2014, the Superintending Engineer again passed an order that legal advice is awaited in the matter. However, on 02.04.2015, the husband of the petitioner died at All India Institute of Medical Sciences, New Delhi, while under going dialysis and kidney treatment.;