- (1.) C.M. No. 9903-C of 2012: 1. Allowed as prayed for. C. M. No. 9904-C of 2012 : Application is allowed and Annexures A-1 to A-4 are taken on record, subject to all just exceptions. Main Appeal : 1. Plaintiff Bimaljit Kaur, having been non-suited by both the courts below, has filed this second appeal. Darshan Singh - husband of the plaintiff-appellant was in service of defendant-respondent No. 1 Punjab State Electricity Board (in short - the Board). He was charge-sheeted for major penalty for remaining absent from duty in spite of having been asked to join duty. In regular inquiry, charge was found proved against him for long absence from duty. Consequently, after complying with formalities, order dated 21.01.1999 was passed by the punishing Authority. The plaintiff in the suit challenged the said order alleging that termination of services of plaintiff's husband vide order dated 21.01.1999 w.e.f. 08.10.1996 is illegal and unconstitutional etc., and therefore, the petitioner is entitled to pensionary benefits i.e. family pension because the plaintiff's husband has since died on 11.06.2002. The plaintiff also sought appointment to service on compassionate grounds.
(2.) The defendants contested the claim of the plaintiff and pleaded that plaintiffs husband was removed from service because he remained absent for long period from duty. Charge-sheet was served on him and regular inquiry was also held. The charges were found proved. Averment regarding death of husband of plaintiff was denied for want of knowledge. Plaintiff's husband had gone abroad and remained absent from duly.
(3.) Learned Civil Judge (Junior Division), Patiala, vide judgment and decree dated 01.02.2008, dismissed the plaintiffs suit. First appeal preferred by the plaintiff has been dismissed by learned Additional District Judge, Patiala, vide judgment and decree dated 25.10.2010. Feeling aggrieved, plaintiff has filed this second appeal.;