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1995 Supreme(SC) 856

B.L.HANSARIA, K.RAMASWAMY
Jethi Devi – Appellant
Versus
Bhakrabeas Management Board – Respondent


Advocates:
Anil Nag, N.M.GHATATE, Pramit Saxena, RAJIV SINGH, S.V.DESHPANDEY

ORDER

1. Leave granted.

2. This appeal by special leave arises from the judgment and decree dated 22-10-1993 of the High Court of Himachal Pradesh in RSANo. 261 of 1992. Admitted facts are that when Om Dass, a government servant died in harness, a prayer was made to rehabilitate one of the dependents. His widow, the appellant herein, laid the claim for appointment as a Class IV employee and was so appointed. When her services were terminated, she filed Suit No. 6 of 1988 in the Court of Subordinate Judge, Mandi, H.P. and the Chief Judge by the judgment and decree dated 30-11-1989 decreed the suit. On appeal, it was confirmed. But in the second appeal, the High Court reversed the decree primarily on the ground that in the enquiry conducted by the respondent-Board revealed that the appellant had married Chandermani, the brother of Om Dass, and she concealed the factum of marriage and the birth of a daughter. Therefore, she is not a widow of Om Dass, the deceased employee. It was also found that she gave a false affidavit. Consequently, she is not entitled to the benefit of rehabilitation scheme.

3. The question is whether the appellant had made any false statement. It is clear from the




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