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2002 Supreme(All) 728

ASHOK BHUSHAN
SHAKUNTALA ALIAS BRAHMO DEVI – Appellant
Versus
DIRECTOR OF PENSION – Respondent


Advocates Appeared:
AJAY BHANOT, Sanjya Tripathi

ASHOK BHUSHAN, J.

( 1 ) HEARD Sri Sanjay Tripathi, counsel for the petitioner and Sri Ajay Bhanot, learned Standing counsel appearing for the respondents. Counter and rejoinder-affidavits have been exchanged and both the parties have agreed that the writ petition itself be finally decided. Consequently, the writ petition is being finally decided.

( 2 ) FACTS of the case as emerge from the pleadings of the parties are that the petitioners husband late Sri Som Dutt Sharma was appointed as Panchayat Mantri on 12th August, 1958 in Vikas khand, Budhana, District Muzaffarnagar. The post of Panchayat Mantri was designated as Gram vikash Adhikari. He continued to work on the post till 21. 12. 1992 on which date he was compulsorily retired invoking the provisions of Fundamental Rule 56 of Financial Hand Book vol. II, Part II to IV. At the time of compulsory retirement, Som Dutt Sharma was working on the post of Gram Panchayat Adhikari, Zila Panchayat Raj Adhikari, Muzaffarnagar vide his letter dated 14. 1. 1997 wrote to the Block Development Officer that pension papers of Sri Som dutt Sharma be immediately prepared and sent. In the aforesaid letter, it was stated that by the letter dated 18



























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