After the demise of husband of the petitioner, the petitioner ventured to file Civil Suit for declaration against General Manager, Bhiwani as well as the General Manager, Gurgaon and other authorities in hierarchy for grant of pension, gratuity and other pensionary benefits of husband of the petitioner. In the Civil Suit, it was noticed as a fact that husband of the petitioner was working with the respondent-Department and was transferred to Gurgaon Deport from the Bhiwani Depot vide order dated 09.02.1990 and thereafter he never joined his duty at Gurgaon and remained absent from the duty till his death on 31.05.2000. The petitioner could not produce any document during the suit proceedings as regards illness of his husband from 09.02.1990 to 31.05.2000. No reasons for his absence came on record. At the same time, the respondentDepartment also could not produce any order punishing the husband of the petitioner from his continuous absence from the duty. The suit was disposed of by directing the General Manager, Gurgaon to decide the matter pertaining to retiral benefits of the husband of the petitioner within three months from the date of representation to be given by the plaintiff/petitioner.
