Allahabad High Court
Smt. Mustari Begum vs State Of U.P. Thru Prin.Secy. ... on 20 March, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 19513 of 2019
Petitioner :- Smt. Mustari Begum
Respondent :- State Of U.P. Thru Prin.Secy. Youth Welfare Lko. And Ors.
Counsel for Petitioner :- Mohd. Shujauddin Waris
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Despite the case having been listed 'peremptorily', no one has put in appearance on behalf of the petitioner to press this petition, however, V.K Bajpayee, learned Standing Counsel, representing respondents - State Authorities, is present. He has assisted the Court in disposing of the present petition.
2. The petitioner, who is wife of Late Naeem Khan, has filed this petition under Article 226 of the Constitution of India, impugning the order dated 25.01.2019 passed by the Director General, Prantiya Rakshak Dal/Vikas Dal Evam Yuva Kalyan, U.P., Lucknow; vide the impugned order the petitioner's claim for retirement dues of her late husband, who was paid regular salary for the post of junior clerk from 1992 to 2007, till he died, pursuant to the order dated 06.12.20205 passed by the State Public Services Tribunal, Lucknow (hereinafter referred to as the "Tribunal"), has been declined on the ground that her late husband was not appointed against a sanctioned post, he was never regularized on the post of junior clerk and only the pay-scale of junior clerk was given to him in compliance of the order dated 06.12.2005 passed by the Tribunal in Claim Petition No. 545 of 2016 instituted by him; late husband of the petitioner was not given substantive and permanent employment and, therefore, he was not qualified to get retirement dues and, therefore, the petitioner's claim for family pension has also been declined.
3. Mr. V.K. Bajpaiee, learned Standing Counsel, has tried to justify the reasons given in the impugned order, declining the claim of the petitioner for retirement-cum-death dues of late husband of the petitioner as well as family pension.-
4. As per facts, which emerge from reading of the petition, the petitioner's late husband was given employment on daily-wage-basis on the post of Junior Clerk for 4 years; thereafter, late husband of the petitioner preferred representation on 30.03.1994 before the Director General, Prantiya Rakshak Dal/Vikas Dal Evam Yuva Kalyan, U.P., Lucknow, requesting that he be granted regular-pay-scale for the post of junior clerk since 3 others appointed on daily-wage-basis had been granted regular pay-scale of the clerk in the year 1990; no orders were passed on the representation of late husband of the petitioner; therefore, late husband of the petitioner filed Claim Petition No.545 of 2016 before the Tribunal; the said claim petition was allowed with costs of Rs. 2,000/- and, it was held that late husband of the petitioner was entitled to regular pay-scale of Rs. 950-1500 from the date his junior, Arun Kumar Pandey was granted regular pay-scale; late husband of the petitioner was also found to be entitled to other consequential benefits as well; respondents - State authorities were directed to pay regular pay-scale to late husband of the petitioner with all consequential benefits within three months from the date of service of the order; copy of the judgment and order dated 06.12.2005 passed by the Tribunal has been placed on record as Annexure-1.
5. It is also relevant to note that Arun Kumar Pandey, who was junior to late husband of the petitioner, was granted regular pay-scale with effect from 16.06.1990 and, thus, he was found to be entitled regular pay-scale for the post of junior clerk with effect from 16.06.1990. It appears that the said judgement and order of the Tribunal was not complied with and late husband of the petitioner filed contempt petition. Thereafter, vide order dated 13.10.2006 passed by the Director Director General, Prantiya Rakshak Dal/Vikas Dal Evam Yuva Kalyan, U.P., Lucknow, late husband of the petitioner was paid salary in regular pay-scale of Rs 950-1500 together with all admissible allowances for the post of junior clerk with effect from 15.10.1992 and thereafter in revise pay-scale of Rs. 3050-4590 together with all admissible allowances with effect from 01.03.2004. In the order dated 13.10.2006 passed by the Director Director General, Prantiya Rakshak Dal/Vikas Dal Evam Yuva Kalyan, U.P., Lucknow in case of late husband of the petitioner, it was mentioned that the aforesaid order, granting him regular pay-scale with effect from 15.10.1992, would be subject to final outcome of the Writ Petition No.7226 (S/S) of 1992, Arun Kumar Pandey and others Vs. State of U.P. and others. Late husband of the petitioner died on 31.08.2007, while he was in service. He was paid regular pay-scale of the junior clerk till his death.
6. Writ Petition No.7226 (S/S) of 1992 (Arun Kumar Pandey and others Vs. State of U.P. and others) was finally disposed of vide order dated 04.10.2012 passed by this Court on the ground that the petition has been rendered infructuous inasmuch the petitioners in the said writ petition were granted regular pay-scale of Rs.52,000 to 20200 pursuant to the interim order passed passed in the said writ petition and a decision had also been taken to regularize their service. The order dated 04.10.2012 has been placed on record as Annexure-3, which reads as under:-
"The Standing Counsel informs that the petitioner is getting pay-scale under the strength of interim order passed by this Court, in the pay-scale of 5200-20200. Now the decision has been taken for their regularization forthwith by creating the supplementary post by means of order dated 20.10.2010 issued by the Director General, P.R.D., Lucknow.
In light of the aforesaid facts, I am of the views that the writ petition has rendered infructuous and the same is disposed of finally in the terms of decision aforesaid and with a direction that regularization of the petitioner be made positively within a period of three months after the date of receipt of certified copy of this order."
7. Thus, Arun Kumar Pandey, who was junior to the petitioner, was not only granted regular pay-scale for the post of junior clerk but his services were also regularized. Once service of junior to late late husband of the petitioner was regularized, it does not lie in mouth of the respondents to submit that late husband of the petitioner was not working against any sanctioned post. Judgement and order passed by the Tribunal had been complied with, however, while implementing the said judgment and order, as mentioned above, it was directed that the same shall be subject to final outcome of the Writ Petition No. 7226 (S/S) of 1992 filed by Arjun Kumar Pandey. Late husband of the petitioner had rendered regular service for more than 10 years before he died on 31.08.2007.
8. In view thereof, I find the impugned order dated 25.01.2019 unsustainable in law and arbitrary and, therefore, set-aside the same. Respondent - State authorities are directed to calculate retirement-cum-death dues of late husband of the petitioner and, pay the same, in accordance with law, within a period of two months from today, and also pay family-pension, as admissible, to the petitioner.
9. DISPOSED OF .
[D.K. SINGH, J.]
Order Date :- 20.3.2023
MVS/-
