ORDER

DR. K.B.S.RAJAN, JUDICIAL MEMBER — The applicant’s husband was appointed as Senior Typist in 1973. After 28 years he suf¬fered from ‘sciatica’ and applied for leave which was allowed and was treated at S.C.B. Medical College, Cuttack. He required prolonged treatment and to avoid bus journey, strenuous work such as climbing of steps, riding of wheelers, rickshaw. While the applicant’s husband was undergoing treatment super cyclone devas¬tated his residential house in 1999 and high flood in 2001. A departmental proceeding was initiated against the applicant’s husband alleging unauthorisedly absent from duty since 2.11.1992 vide letter No.S.420 dated 22.7.2001. An enquiry was conducted. Applicant’s husband was in perturbed state of mind and ill state of health. Therefore, he could not submit his explanation nor attended the enquiry, due to circumstances beyond his control. The enquiry was conducted in his absence and final order had been passed behind applicant’s husband’s back vide Annexure-I order dated 22.9.2001. The applicant’s husband preferred an appeal against the order of removal from service on 5.11.2001. He had also approached this Tribunal vide O.A. No.269/2003 which was disposed of with a direction to the applicant to file a consoli¬dated appeal before the Appellate Authority within 30 days and in the event such appeal is filed, the appellate authority shall dispose of the said appeal vide Annexure-3. A consolidated appeal was filed vide Annexure-4. Applicant’s husband appeared before respondent No.4 who is the appellate authority. On 29.9.2003 the applicant’s husband appeared personally and submitted the medical certificate that by that time he was suffering from cancer. The appellate authority on 3.11.2003 communicated a speaking order upholding the decision of Annexure-1. The applicant’s husband died due to cancer. The applicant after the death of her husband sent a representation dated 29.9.2004 (vide Annexure-12) for sanctioning family pension.

2. Respondents have filed a counter. According to them, the husband of the applicant- late Rama Chandra Patra was working as Sr. Typist under Controller of Stores (COS), Eastern Railway, Kolkata. While working as such, he remained absent from Railway duty unauthorisedly from 2.11.1992 to 7.10.1996 for which disci¬plinary proceeding was initiated against him and he was served with charge sheet and he was removed from Railway on 22.9.2001. Subsequently his period of absence was regularized as Leave Without Pay under COS/KKK’s letter No.S.420/PR/3/RCP/Sr. Typist/HQ. Dated 24/26.9.2001 prior to the removal of service. The period of unauthorised absence was from 2.11.1992 to 10.10.1996 against which major penalty proceeding was carried out and the Appellate Authority gave his opinion as legal and upheld the decision of Disciplinary Authority, regarding removal of service of Shri R. C. Patra with effect from 29.9.2001. Railway rules required that the employee must report to his office in case of his unauthorised absence as soon as it is possible for him to do so. The applicant’s husband was unauthorisedly absent from duty for almost 4 years during the period in question and during the period he did not consider it necessary to intimate the administration about his absence either by himself or through his family members etc. The applicant relies on a document which does not relate to the period of unauthorised absence from 2.11.1992 to 11.10.1996.

3. Counsel for the applicant submitted that in regard to treatment of the period of absence of the applicant’s husband in respect of which proceedings were initiated as per the own words of the respondents, vide para 2(b) of the counter. “subsequently, his period of absence was regularized as LWP under COS/KKK’s letter No.S. 420/PR/3/RCP/Sr. Typist/HQ dt. 24/26-09-2001, prior to the removal (sic removal) of service” This would mean that the respondents have regularized the irregularity. If so, the question is whether there be anyt