Uttarakhand High Court
WPSS/1670/2021 on 23 December, 2021
Office Notes,
reports, orders or
proceedings or
SL. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPSS No.1670 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Niranjan Bhatt, Advocate, for the
petitioner.
Mr. Rakesh Kunwar, Additional CSC, for
the State of Uttarakhand/1 to 4.
The late husband of the petitioner, who was
initially appointed with the respondents as a daily
wage employee in the year 1985, was discharging
his duties in Tehri Garhwal, Division, and after
having satisfactorily worked with the respondents,
the services of the husband of the petitioner was
regularized by the order dated 04.04.2013, on the
post of Regional Assistant, and he was placed
under the pay band of Rs.5200- 20200/- carrying a
grade pay Rs.1800/- .
The entire services, which was rendered by
the petitioner till his attainment of the age of
superannuation on 28.02.2020, it was claimed to be
unblemished. Later on, the late husband of the
petitioner had met with the sad demise. Thereafter,
the petitioner has agitated her claim before the
respondents, that the retiral benefits which were
otherwise legally payable to the petitioner has had
to be determined, after including, therein, the
services which was rendered by the late husband of
the petitioner from the date of his initial
appointment i.e. ever since 01.04.1985, and the
entire services ought to have been taken into
consideration for the purposes of payment of salary
and for the extension of pensionary benefits, and
other retiral benefits, including the family pension.
She had submitted, that the petitioner's husband
had earlier preferred a Writ Petition being WPSS
No.923 of 2021, which was disposed of by the
coordinate Bench of this Court by the judgment
dated 29.07.2021, whereby a direction was issued
to the respondents to consider the representation of
the petitioner for the purposes of determination of
the rights and also for the remittance of retiral
benefits, after inclusion of the period of services
rendered by him with the respondents. However,
the representation of the petitioner has been
decided by the impugned order dated 29.09.2021.
Learned counsel for the petitioner has
submitted that the claim of the petitioner would
stand covered by the judgment rendered by the
Hon'ble Apex Court in Civil Appeal No.6798 of
2019, "Prem Singh Vs. State of Uttar Pradesh",
wherein, it has been provided, that after the
regularization of services of an employee, after he
subsequently attains the age of superannuation,
then the entire tenor of services, from the date of
the initial appointment has to be taken into
consideration for the purposes of settlement of the
retiral benefits, and other dues payable to the
employee.
This fact that the aspect stands covered by
the aforesaid judgment, could also be attributed and
inferred on the simplicitor interpretation of the
decision taken by the respondents on 29.09.2021,
based on the earlier directions issued by this Court
on 29.07.2021. Apart from it, the learned counsel
for the petitioner has submitted, that, and which is a
fact not denied by the respondents, that the
petitioner's claim for her entitlement of service
benefits of her late husband dues, after including
the period of services rendered from the date of the
initial appointment was taken into consideration by
this Court in a bunch of writ petitions, in which
leading writ petition is WPSS No.1586 of 2021,
which was decided by the judgment dated
14.12.2021.
Accordingly, this writ petition too would
stand disposed of under the same terms and
conditions, as it has been laid down by the
judgment dated 14.12.2021 rendered by this Court
in WPSS No.1586 of 2021, and the respondents are
directed to do the needful as per and in accordance
to the directions contained, therein, in the judgment
dated 14.12.2021.
Subject to the aforesaid observations, the
writ petition stands disposed of accordingly.
(Sharad Kumar Sharma, J.)
23.12.2021
NR/
