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2006 Supreme(J&K) 44

J.P.SINGH, B.A.KHAN
Chaman Lal – Appellant
Versus
Kendriya Vidalaya Sangathan – Respondent


Advocates Appeared:
Advocate For Appellant: S.C. Gupta
Advocate For Respondent: K.L. Sharma

Per J.P Singh, J.

Smt. Pushap Lata, employed as a teacher with Kendriya Vidalaya Sangathan in 1969, was diagnosed as a case of SCLERODERMA, in advance stage in 1987. She accordingly, sought pre-mature retirement.

2. Respondent Sangathan does not appear to have responded for about eight years. She however, expired on 7.11.1995, though in pain and suffering, because of non-release of her dues, complain the writ petitioner, who are the surviving members of her family. The petitioners submit that retrial benefits were sanctioned in 1996 after the death of Smt. Pushap Lata and an amount of Rs. 30,000 (Rupees Thirty thousand) initially sanctioned under Deposit Linked Insurance Scheme, was later withdrawn on the ground that Insurance was payable only if the employee had died in harness. The Sangathan relied on an office order of 4.8.1995 by which Smt. Pushap lata, deceased, is shown to have retired w.e.f 17.07.1987.

3. The petitioners dispute the receipt of or knowledge of any such communication/order.

4. Kendriya Vidalaya Sangathan did not produce any records either as to the receipt of this order by the appellants or a copy of this order before the writ Court.

5. The petitioners claimed rele



















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