Gopal Krishan Vyas, J. - (1.) IN this writ petition, petitioner Smt. Haiji Devi w/o late Shri Girdhari Singh is challenging the impugned order dated 17.02.2006 whereby it was informed to the petitioner by the respondents that her husband late Shri Girdhari Singh was removed from service with effect from 03.02.1976. The petitioner has, therefore, prayed that the so called removal order dated 03.02.1976, though not communicated to her, may be declared arbitrary and illegal and set aside as it were never passed against the petitioner's husband. The petitioner has sought the relief that the respondents may be directed to give all the due benefits to the petitioner such as pension while considering the services of her husband from 1962 to 1979, the year in which he died with gratuity, leave encashment, due salaries, and other consequential benefits.
(2.) ACCORDING to the facts of the case, the petitioner's husband was substantively working in the respondent department since 1962 and, in an accident, he died on 15.05.1979. While he was working as Cook under the control of the Divisional Security Commissioner, R.P.F., Jodhpur, on 10.12.1975, as per the letter of the District Controller of Stores, North Western Railway, Jodhpur to the S.H.O., Sardarpura, Jodhpur, it was alleged that from the stores of the Railway 20 bronze scrap ingots were found short and, on the basis of the information furnished by accused Sattar, recovery was made and, thereafter, along with Laxmi Chand, Ram Chandra s/o Mohan Lal, Ram Chandra s/o Sohan Lal, Mishri Chand, Babu Lal and Sultan Singh, petitioner's husband Girdhari Singh was arrested and charged for the offences under Sections 457 and 380, I.P.C. During the pendency of the trial, however, petitioner's husband late Girdhari Singh died on 15.05.1979 and the trial of the case as against him abated. Vide judgment dated 28.06.1991, the criminal Court held that offences under Sections 457 and 380, I.P.C. are not made out as even the theft is not proved nor it is proved that the recovered goods was the same as shown to have been stolen from the Railway stores. Accordingly, all the accused in the case were acquitted by the trial Court.
(3.) THE petitioner's contention is that like other accused persons in the trial, her husband should also be treated to have been in service when he died in the accident on 15.05.1979 and, therefore, she is entitled to the benefits of her husband's service as would accrue to her upon the death of her husband.;