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ARUN MONGA
Tara Solanki W/o Late Shri Amrat Lal Solanki – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
ARUN MONGA, J.
1. Grievance of the petitioner, widow of the deceased employee, is against the order dated 09.09.2022 (Annex.3), vide which direction was given for the recovery of the amount of alleged embezzlement from the retiral benefits of petitioner’s husband. Further, seeks directions to the respondents to make payment of gratuity, the difference in salary of subsistence allowance and salary for the suspension period of petitioner’s husband, annual grade increments of the suspension period, selection grades, promotions, and regular pension from the date of retirement till the death of the petitioner’s husband and payment of family pension to the petitioner with arrears from the date of death of her husband with interest thereon @ 18% per annum.
2. Relevant facts of the case are that the petitioner's husband Shri Amritlal Solanki was working on the post of Block Elementary Education Officer. He retired on 30.09.2010 and died on 24.12.2021.
2.1. An FIR No.30/2006 came to be lodged against the petitioner's husband and others with the Anti-Corruption Bureau Chowki, Jodhpur in which after investigation, a challan was filed before the learned Special Judge, Prevention of Corr
Retiral benefits cannot be subjected to recovery for alleged misconduct without a formal finding of guilt, and the rights of a widow to her deceased husband's benefits must be upheld.
Recovery from retirees or their legal heirs is impermissible without concluded disciplinary proceedings establishing fault, violating natural justice principles.
The court affirmed that a widow is entitled to full death-cum-retiral benefits and salary for the suspension period after revocation of suspension and dropping of criminal charges against her decease....
Retiral benefits are constitutional rights that cannot be denied without due process, and unproven allegations of forgery do not justify withholding such benefits.
Disciplinary proceedings cannot continue after the death of an employee, and passing recovery orders against a deceased employee is arbitrary and illegal.
The main legal point established in the judgment is that the authorities can only withhold pension and retirement benefits if there are pending disciplinary or criminal proceedings against the deceas....
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