Dhirubhai Naranbhai Patel, J. - (1.) The present petition has been preferred by the widow of Assistant Teacher for getting death cum retirement benefits.
(2.) It is submitted by learned Counsel for the Petitioner that husband of the Petitioner was appointed as Assistant Teacher at R.C. Primary School, Kurkura, District - Simdega with effect from 6th December, 1983 and, thereafter, Petitioner's husband was serving sincerely, honestly, diligently and to the satisfaction of the Respondents. Never any show cause notice was given to the husband of the Petitioner and he was getting salary from the Government. The Petitioner's husband expired on 26th September, 2005 during the course of his employment and, therefore, the Petitioner being a widow is entitled to get the death -cum -retirement benefits. The death cum retirement benefits have been denied to the Petitioner only on the ground that her husband was illegally appointed and dehors the procedure established by the Respondents. Thus after the death of husband of the Petitioner, this ground is not tenable at law and the Petitioner is entitled for death cum retirement benefits of her husband.
(3.) Learned Counsel for the Respondent State vehemently submitted that the husband of the Petitioner was not appointed in accordance with law and he was not having necessary Teachers Training Certificate and, therefore, he could not be appointed as Assistant Teacher. Moreover, his services were not approved by the Respondents in the year 1999 and, therefore, the Petitioner is not entitled to get the death cum retirement benefits because of death of her husband.;