Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others; ... on 15 November, 2021
Office Notes, reports,
orders or proceedings
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Signatures
WPSS No.3682 of 2018
Hon'ble Sharad Kumar Sharma, J.
Mr. D.S. Mehta, Advocate for the petitioner.
Mrs. Anjali Bhargawa, Addl. C.S.C. for the
State of Uttarakhand.
Mr. Gopal K. Verma, Standing Counsel for
the State of U.P.
It is not in controversy that the present
petitioner is a widow of late Mr. Jandail Singh. Mr.
Jandail Singh had earlier preferred a writ petition
being Writ Petition No.991 of 2008 Jandail Singh
vs. State of Uttarakhand and others; wherein he has
contended, that he had retired from the U.P. Civil
Police in March 2000, as a Sub Inspector and lastly
when he attained the age of superannuation, he was
serving in District Udham Singh Nagar. He had
further submitted that after attainment of the age of
superannuation, he was remitted with the retiral
benefits till the year 2007; but further on account of
certain orders, which were passed by the Senior
Superintendent of Police, Udham Singh Nagar, the
retiral benefits payable to Late Jandail Singh, were
stopped. Hence, the writ petition preferred by the
late husband of the petitioner came up for
consideration before the Coordinate Bench of this
Court and the Coordinate Bench of this Court,
while considering the implications of Civil Services
Regulations, Rule 351; had passed an order,
whereby by the judgment of 21.03.2013, the
respondents were directed to continue to pay with
the provisional pension, as it was paid to the
petitioner therein i.e. late husband of the petitioner.
Since the pension was stopped with effect from
2007, and it was directed that the respondents will
give 50% of the accumulated arrears of provisional
pension, as it has been withheld by them within a
period of three months from the date of the order.
The petitioner in the present writ petition has
come up with the case, that after passing of the
judgment by the Coordinate Bench of this Court on
21.03.2013, the retiral benefits were extended to the
late husband of the petitioner; but later on, the
husband of the petitioner, who was suffering from
prolonged ailment had met with the sad demise on
08.01.2018 and as a consequence thereto, the
service benefits which were extended to him under
the directions of the judgment of 21.03.2013, had
been stooped to be remitted to the petitioner which
otherwise according to the petitioner ought to have
been continued to be paid to her once her husband
was held to be entitled to receive the benefits of the
judgment of 21.03.2013; because the petitioner
would be treated to have step into the shoes or had
succeeded the rights from her late husband.
In that eventuality, this writ petition too
would stand disposed of in the light of the judgment
of 21.03.2013 and the pensionary benefits, as it was
held to be entitled to be received by the late
husband of the petitioner, would accordingly be
continued to be extended to the petitioner, who is
the widow of Late Jandail Singh in accordance with
law.
It is expected that respondent no.4, would
take an appropriate action for considering the claim
of the petitioner for extension of the benefit of the
judgment of 21.03.2013 and would remit the
pensionary benefits to the petitioner, too within a
period of six weeks from today.
Accordingly, the writ petition stands
disposed of.
(Sharad Kumar Sharma, J.)
15.11.2021
Arti
