High Court of Judicature at Allahabad
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Smt. Adarsh Gupta v. Branch Manager And Others - WRIT - A No. 5194 of 2000  RD-AH 12707 (1 August 2006)
Hon. Dilip Gupta, J.
This writ petition has been filed by the wife of Sri Ashok Kumar Gupta who had been working in the State Bank of India, Ranikhet Branch for a direction upon the respondents to appoint the son Sri Arun Kumar Gupta on compassionate ground and to pay family pension to the petitioner.
It has been stated in the petition that the husband of the petitioner absconded since 18th September, 1994. He could not be traced out and, therefore, information was sent to the police station for investigation. However, later it was found out that the husband of the petitioner was alive and had become a ''Sanyasi'.
A counter affidavit has been filed on behalf of the respondents in which it has been stated that since the husband of the petitioner was missing for more than 1 year, the terminal benefits were paid to the petitioner in 1997 and the details are as follows:-
"(a) Aggregate terminal benefit of Rs. 5.42 lacs have been duly paid to the petitioner (inclusive of gratuity amount paid).
(b) The over draft of Rs. 1 lac against NSCs is being repaid on maturity of the NSCs, the family has no other liabilities.
(c) Gratuity amounting to Rs. 1,58,600/- has also been paid on 18th October, 1997."
It has also been stated that as the husband of the petitioner is still alive, the family pension cannot be paid.
At the time of hearing of the petition, learned counsel for the petitioner did not press the relief of giving compassionate appointment obviously because the husband of the petitioner is still alive. However, he has pressed the second relief for grant of family pension. This relief cannot be granted to the petitioner since the husband of the petitioner is still alive.
There is, therefore, no merit in this petition. It is, accordingly, dismissed.
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