Uttarakhand High Court
WPSB/379/2021 on 6 September, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 6TH DAY OF SEPTEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE ALOK KUMAR VERMA
Writ Petition (S/B) No. 379 of 2021
BETWEEN:
Mamta Loshali. ....Petitioner
(By Mr. Dushyant Mainali, Advocate)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. Tarun Lakhera, Brief Holder for the State of
Uttarakhand/respondents)
This Writ Petition coming on for hearing this day,
Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
following Judgment:
JUDGEMENT
Petitioner's husband was holding the
post of Additional Assistant Engineer and was
posted as In-charge Assistant Engineer at Tharali,
District Chamoli, where he suffered brain stroke in
2015 and thereafter, could not render services.
His wife has filed this Writ Petition, seeking the
following reliefs:-
"i) Issue a writ of certiorari quashing the
impugned order dated 07.01.2020 whereby
late husband of the petitioner was reverted
from In-Charge Assistant Engineer to
Additional Assistant Engineer purportedly on
disciplinary ground, and also the order dated
29.6.2020 passed by respondent whereby the
application/notice seeking voluntary retirement
dated 03.04.2017 made by late husband of the
petitioner was rejected and he was granted
compulsory retirement contained as Annexure
No. 1 to this writ petition).
ii. Issue a writ order or direction in the
nature of mandamus directing the respondents
to notionally consider and grant the voluntary
retirement to the late husband of the
petitioner, posthumous from 3.4.2017 and to
grant all legitimate retiral benfits for which the
late husband of the petitioner was entitled for
at the time of such voluntary retirement.
iii) Issue a writ order or direction in the
nature of mandamus directing the respondents
to grant all pending in-service dues and
benefits and all post retiral dues till date along
with the complete approved medical
reimbursement claim in favour of the late
husband of the petitioner along with interest till
the date of actual payment."
2. Learned counsel for the petitioner has
apprised this Court that husband of the petitioner
has passed away on 14.10.2020. He further
submits that after death of her husband, petitioner
came across the order dated 07.01.2020, whereby
her husband was reverted from the post of
In-charge Assistant Engineer to Additional
Assistant Engineer, which position he was holding
for about six years. The copy of the order dated
07.01.2020 is on record as Annexure No.-1 to the
Writ Petition. Perusal of the same reveals that
husband of the petitioner was reverted by way of
punishment under Disciplinary and Appeal Rules,
applicable to State employees.
3. Learned counsel for the petitioner
submits that petitioner's husband had applied for
voluntary retirement in the year 2017, however,
his matter was kept pending for three long years
and his application was rejected on 29.06.2020
and, subsequently, her husband was compulsorily
retired on the same date i.e. 29.06.2020 and due
to this reason, the monetary benefits payable to
the petitioner, have been significantly reduced.
4. Having regard to the fact that
punishment of reversion has been imposed upon
petitioner's husband under Disciplinary and Appeal
Rules and petitioner has a remedy of filing
Departmental Appeal under the said Rules, this
Court declines to entertain the Writ Petition at this
stage, leaving it open to petitioner, to raise the
other grievances before the appropriate forum.
5. The Writ petition is, accordingly,
dismissed on the ground of alternative remedy
with liberty to petitioner to file Department Appeal
against the punishment order dated 07.01.2020.
If petitioner files such Appeal within three weeks
from today, decision thereupon shall be taken on
merit, by ignoring the delay, if any, within six
months.
(MANOJ KUMAR TIWARI, J.)
(ALOK KUMAR VERMA, J.)
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