- (1.) This is a glaring case where a widow - Ms. Kulvindra Kaur w/o. late Shri Modan Singh has been deprived of her right to receive the retiral does of her deceased husband from the respondent-respondent - Rajasthan State Road Transport Corporation after death of her husband on 01st July 2010 while he was serving as driver in the respondent RSRTC having been appointed as such on 01st February 1999 and thus, the petitioner's husband had served the respondent RSRTC for about 16 years prior to his death on 01st July 2010. Present writ petition was filed by the petitioner before this Court on 25th July 2012, after waiting for sufficient period for the payment of the retiral dues like Provident Fund and other benefits to her as per the service conditions of the respondent-RSRTC, about the entitlement of which there is no dispute from the side of the respondent-RSRTC. The prayers made in the writ petition are quoted below:- "9 The petitioner prays for the following reliefs. (I) The order dated 2.2.2012 i.e. Annexure-4 be set aside/quested (II) The Respondents be directed to pay the retirement benefits to the Petitioner with 9% interest from the date of entitlement. Any other relief for which the Petitioner is entitled, be granted."
(2.) Upon issuance of the notices, the respondents-RSRTC filed a reply to the writ petition in this Court on 21st October 2013, along with documents Annexure R/1 to R/3. The learned counsel for the respondents Mr. Harish Purohit initially urged that the payment of retiral dues to the petitioner-widow was withheld on the basis of a complaint received by the respondent-RSRTC alleging that the petitioner's husband late Shri Modan Singh was not actually 8th Class pass at the time of his appointment as Driver on 01st February 1994 and the concerned school has sent a communication to the Chief Manager of the respondent-RSRTC, Anoopgarh depot vide letter Annx. R/3 dated 22nd February 2011 that between the period 17.8.1968 to 1.3.1982 no student with the name of Modan Singh s/o. Chanan Singh was admitted in the said school and the said school was upgraded from Primary to Upper-Primary with effect from 2.10.1979.
(3.) In para 6 of their reply, the respondents have also stated that - "After death of Shri Modan Singh, brother of deceased Shri Moden Singh submitted a complaint regarding Transfer Certificate (Annx. R/2)". to be a take document, whereupon the answering respondents wrote to the concerned school with respect to the Transfer Certificate vide Communication dated 22.2.2011, the school intimated to the said answering-respondent that at serial No. 462 of the Admission Register, name of one Gurjeet Kaur D/o. Shri Nar Singh is entered and as per record of the school no person by the name of Moden Singh s/o. Shri Chanan Singh was ever admitted from 17.8.1963 to 1.3.1982.;