- (1.) Heard learned counsel for the parties.
(2.) Appellant is the wife of late Jai Ram, who was Constable in 3rd Batalion RAC Bikaner and died on February 19, 2000 after prolonged sickness. When the appellant approached the office of RAC for grant of family pension, she was informed that she was not entitled to family pension since her husband was dismissed from service vide order dated July 21, 1998. The appellant filed writ petition in the court of learned Single Judge with the following prayer: (i) to quash and set aside the order dated July 21,1998 passed by the Commandant 3rd Battalion RAC Bikaner. (ii) To convert the punishment of dismissal into compulsory retirement without consequential benefits including family pension to the petitioner.
(3.) Contextual facts depict as under: (a) The allegation incorporated in the memo issued to Jai Ram by Commandant, 3rd Batalion were that he absented from his duty for 266 days w.e.f. December 14,1996 to September 6,1997. (b) In reply to the memo Jai Ram stated that he was absent because of mental disease. He was sent for treatment by Assistant Commandant on December 8, 1996 and his treatment continued upto January 9, 1997. Since the disease was not properly cured, Jai Ram switched over to Desi treatment. Jai Ram was admitted in Mental Hospital on May 10, 1997. (c) Jai Ram was football player and while playing football he suffered head injuries on January 5, 1992 that resulted into his mental sickness. After the treatment in PBM Hospital Bikaner, he stayed at Bikaner for 135 days. (d) Commandant lII Battalion sanctioned the leave of Jai Ram w.e.f. December 14, 1996 to September 5, 1997 treated it as extra ordinary leave. (e) After coming to know the dismissal order of Jai Ram, appellant (widow of Jai Ram) filed departmental appeal against the dismissal order on September 7, 2000. After dismissal of appeal the appellant preferred the writ petition which was dismissed by learned Single Judge as indicated herein above.;