Allahabad High Court
Balwant Singh (In Wria No.- 11763 ... vs State Of U.P. Thru. Prin. Secy. ... on 8 April, 2022
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 142 of 2022
Appellant :- Balwant Singh (In Wria No.- 11763 Of 2021)
Respondent :- State Of U.P. Thru. Prin. Secy. Electric/Energy Department Govt. And Others
Counsel for Appellant :- Ved Prakash Yadav
Counsel for Respondent :- C.S.C.,Vashu Deo Mishra
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the appellant, Mr. Vashu Deo Mishra, learned counsel representing the Madhyanchal Vidyut Vitran Nigam Limited and Mr. Pankaj Kumar Shukla, learned counsel representing the respondent no.5.
Under challenge in this petition is the judgment and order dated 22.09.2021, passed by learned Single Judge, whereby the writ petition filed by the appellant-petitioner, namely Writ Petition No.11763 (SS) of 2021 has been dismissed.
It is the case of the petitioner that the petitioner's father Ram Chandra Singh was employed with the Madhyanchal Vidyut Vitran Nigam Limited as an Executive Assistant. However, he died in harness and as such the petitioner is entitled to be given appointment on compassionate grounds.
Learned Single Judge considering the claim of the petitioner has noticed that the deceased employee namely Ram Chandra Singh had two sons i.e. the petitioner-Balwant Singh and the respondent no.5-Pankaj Singh. In terms of a family settlement it was agreed between these two brothers that the petitioner-Balwant Singh shall be entitled to get all the retirement and other dues relating to the deceased employee, whereas the respondent no.5-Pankaj Singh shall be entitled to the appointment on compassionate grounds.
It was thus agreed that the respondent no.5 will have no claim so far as other retirement dues are concerned. Learned Single Judge has thus dismissed the writ petition by recording a finding in the judgment that in terms of the family settlement, it appears that the compassionate appointment has been given to respondent no.5 and accordingly the appellant-petitioner has been entitled to other dues.
Certain dispute was sought to be raised by the petitioner before learned Single Judge about the family settlement, which in our considered view has been rightly dealt with and considered by learned Single Judge. Thus, in our considered opinion the judgment and order dated 22.09.2021, passed by learned Single Judge in Writ Petition No.11763 (SS) of 2021 does not call for any interference by this Court.
The Special Appeal is thus dismissed.
However, at this juncture learned counsel representing the appellant-petitioner has submitted that the appellant-petitioner is not being paid the retirement and other dues relating to his deceased father and that the authorities are insisting for production of succession certificate.
Mr. Pankaj Kumar Shukla, learned counsel representing the respondent no.5 has categorically stated before the Court which we have noticed, that the respondent no.5 will not have any claim in relation to post retiral dues or any other dues which may be payable in respect of his deceased father Ram Chandra Singh.
In view of the aforesaid submissions made on behalf of respondent no.5-Pankaj Singh, we do not see any impediment if payment of other dues are made to the appellant-petitioner-Balwant Singh without insisting for production of such succession certificate.
The appropriate authority in Madhyanchal Vidyut Vitran Nigam Limited shall thus keep in mind the aforesaid observations made hereinabove while making payment of post retiral and other dues in relation to the deceased employee late Ram Chandra Singh.
.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)
Order Date :- 8.4.2022
Ram.
