Gopal Krishan Vyas, J. - (1.) IN above S.B. Civil Writ Petition No. 2531/2011, the petitioner has prayed for the following relief: (i) by an appropriate writ, order or direction the impugned order dt. 23.02.2011 (Annexure -1) passed by the respondent No. 5 The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar may kindly be quashed and set aside; (ii) Any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (iii) Cost of the petition may kindly be awarded in favour of the petitioner. In S.B. Civil Writ Petition No. 5064/2010, the petitioner has prayed for the following relief: (i) by a writ order or direction in the mandamus forum may kindly be issued against the respondents for giving the family pension and other retrial benefits like gratuity, S.I. And G.P.F. To the petitioner with interest at the rate of 12% per annum; (ii) further appropriate writ, order or direction may kindly be issued to the respondents for making the payment of subsistence allowance for the period of 03.08.2006 to 03.04.2009 with interest at the rate of 12% per annum; (iii) Any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(2.) UPON the above prayer, notices were issued on 24.05.2010 in S.B. Civil Writ Petition No. 5064/2010 and, after issuance of notice, the respondents passed an order to terminate the services of late Mahendra Kumar after his death who was facing departmental inquiry and criminal case and was under suspension from the post of Teacher Grade -III. The petitioner, again, preferred S.B. Civil Writ Petition No. 2531/2011 to challenge the termination order. Both the writ petitions are hereby decided by this common order. The main contention of the petitioner is that she is widow of late Mahendra Kumar and who was appointed as Teacher Grade -Ill by the Permanent Establishment Committee, Zila Parishad Sri Ganganagar vide order dt. 21.11.1990 and allotted to Panchayat Samiti, Srikaranpur. The petitioner's husband late Mahendra Kumar was substantively appointed on the post of Teacher Grade -III. Upon some complaint, the degrees of B.Ed. of late Mahendra Kumar and other 9 Teachers Grade -Ill were verified by the Chief executive Officer, Zila Parishad, Sri Ganganagar from the concerned University and the University concerned informed the Zila Parishad vide letter dt. 25.03.1992 and 06.07.1992 that the degree granted to late Mahendra Kumar and others are genuine. The Panchayat Samiti, Srikaranpur also informed the Chief Executive Officer, Zila Parishad Sri Ganganagar vide letter dt. 07.04.1995 that the verification of the degree of 10 teachers including late Mahendra Kumar has already been made and on the information to the Zila Parishad the services of late Mahendra Kumar were confirmed on 27.01.1997 by the Zila Parishad, Sriganganagar.
(3.) AS per petitioner, abruptly her husband late Mahendra Kumar was placed under suspension by respondent No. 1 under Rule 13 of the RCS (CCA) Rules, 1958 vide order dt. 31.08.2006. The respondents issued a charge -sheet to late Mahendra Kumar for inflicting major penalty under Rule 16 of the CCA Rules, so also, a criminal case was also registered against the petitioner's husband and other 9 teachers; but, unfortunately during the pendency of the departmental inquiry as well as criminal case Mahendra Kumar died on 03.04.2009. Till that date, late Mahendra Kumar completed more than 18 years of service.;