Court No. - 6
Case :- WRIT - A No. - 25158 of 2018 Petitioner :- Smt. Dhanwanti Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
This petition impugns an order dated 25 June 2003. A further prayer is made for sanction of family pension.
The order impugned effects the dismissal from services upon the husband and father of the petitioner No. 1 and 2 respectively. The ground taken in the order impugned is that he had remained absent between the period 01 July 1999 to 12 February 2002. Taking into consideration the unauthorised absence of 958 days, the respondents had proceeded to dismiss the said government servant from service.
Learned counsel for the petitioner has placed reliance upon a decree rendered by the Civil Court on 04 October 2016 in which it was declared that the father (erstwhile government servant) should be treated as being missing with effect from 04 September 2002. Even if this decree is taken into consideration, it is evident that it does not cover the period of unauthorised absence which forms the bedrock for the passing of the order impugned.
Consequently, this Court finds no ground to entertain the challenge to the impugned order. The writ petition fails and is dismissed.
Order Date :- 29.11.2018 faraz