Allahabad High Court
Smt. Phoola Devi vs State Of U.P. & Others on 14 May, 2014
Bench: Attau Rahman Masoodi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 62127 of 2008
Petitioner :- Smt. Phoola Devi
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- R.S. Singh
Counsel for Respondent :- C.S.C.,Pradeep Kumar
Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
The petitioner was appointed under Dying - in-Harness Rules vide order dated 8.4.1991 contained as Annexure No. 1 to the writ petition. It appears that the said appointment of the petitioner on the basis of some complaint became a subject-matter of enquiry. The allegation against the petitioner was that she was not a legally wedded wife of late Shubh Karan. In the enquiry , it was found that the petitioner was a legally wedded wife of Shubh Karan , therefore, appointment of the petitioner was valid by all means. Non- payment of salary to the petitioner gave rise to the present writ petition. This Court, by its detailed order dated 10.4.2009 directed the respondents to permit the petitioner to join the service forthwith. In compliance of Court order, the petitioner has been reinstated and is being paid regular salary. As regard the payment of entire arrears of salary, this Court had directed the competent authority to take a decision regarding arrears of salary having fallen due with effect from 19.1.1993. upto the date of reinstatment The relevant extract of the said order is reproduced below :
" In view of that an interim mandamus is issued directing the respondents to permit the petitioner to join service forthwith and pay the salary regularly as and when it falls due. So far as arrears of salary is concerned another interim mandamus is issued directing the respondents to pay the entire arrears of salary with effect from 19.1.1993 to the date of joining or to file show by filing counter affidavit. "
The petitioner has already been appointed /reinstated in service under dying -in-harness Rule. It is desirable in the interest of justice that matter as regards the payment of arrears of salary is brought to its logical conclusion. Once the petitioner is reinstated in service, it is incumbent upon the respondents to take a final decision as regards payment of arrears of salary to the petitioner.
In view of aforesaid facts, respondent no. 4 is directed to take a final decision as regards the payment of arrears of salary to the petitioner in terms of order dated 10.4.2009 with effect from 19.1.1993 within a period of three months from the date a certified copy of this order is produced before him. The petitioner is permitted to raise her grievance for non fixation of salary by giving benefit of increment. The said grievance will also be considered and decided along with her other claim as regards payment of arrears of salary with effect 19.1.1993.
With these observations, writ petition stands disposed of .
Order Date :- 14.5.2014
aks
(Attau Rahman Masoodi J. )
