Uttarakhand High Court
WPSS/2389/2019 on 21 February, 2022
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
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order with Signatures
21.02.2022 WPSS No. 2389 of 2019
Hon'ble Sharad Kumar Sharma, J.
Mr. D.P.Mittal, Advocate for the petitioner.
Mrs. Anjali Bhargava, Addl. C.S.C, for the
State.
Mr. C.S. Rawat, Advocate for respondent
no.4.
Brief facts of the case are that father of the
petitioner who was initially appointed as a Peon in
the Cooperative Cane Development Societies
Limited, Kichha, District Udham Singh Nagar, as
back as on 04.09.1985, had met with the sad demise
on 23.02.2012. Consequent to his death and for the
purposes of settlement of the service benefits, no
dues certificate has been issued by the Accounting
Section of the Committee and the Dead Stock
Section, In-charge, who had issued a certificate on
13.06.2013, but for the purposes of deriving the post
retiral benefits and other service benefits as would
payable to the petitioner which has been claimed by
the petitioner in the relief clause i.e. pertaining to the
payment of arrears of salary based on the
recommendation of the 6th Pay Commission and
arrears of the ACP, in fact, which has been sought by
the petitioner based on the succession certificate,
which has been issued by the District Magistrate
being Certificate No. 1987 dated 28.06.2012, issued
in favour of the mother of the petitioner, wife of the
deceased employee and the petitioner himself. But
the said certificate of the District Magistrate dated
28.06.2012, it has been observed to be utilized only
for the purposes of fixation of a benefit to a
maximum amount of Rs. 5000/- and not otherwise.
In that eventuality rather this certificate of
28.06.2012, filed by the respondents with the counter
affidavit, apart from the fact that, it is not showing
the competence or the sources of law based on which
it has been issued, but it is rather limiting the rights
of the petitioner from getting the appropriate service
benefits of his late father as it has been prayed for in
the writ petition.
Learned counsel for the respondents, had
drawn attention of this Court to the correspondence
of 13.11.2019, as passed by the Special Secretary to
the Cooperative Society Kichha, District Udham
Singh Nagar, wherein it has been observed, that in an
eventuality, if the petitioner is able to get the
succession certificate from the competent civil court,
he would be requisitely considered for the remittance
of the appropriate service benefits of his late father, if
he is legally declared to be the successor.
In that eventuality, it has been observed that
the certificate relied by the petitioner which has been
issued by the District Magistrate, since limited rights
of payment to the tune of Rs. 5,000/- only, no amount
in excess to, it could be remitted by the respondent.
In that eventuality, while disposing of this
writ petition, without deciding or venturing to decide
the claim of the petitioner on its merit, it is left open
for the petitioner to file an appropriate application for
the grant of succession certificate, before the
competent civil court, under the succession act and
based on which the petitioners can raise a claim for
the grant of service benefits or the arrears of the 6th
Pay Commission and the ACP from the respondents,
and if he does so, in accordance with the certificate
of succession issued by the competent court that
would be appropriately considered by respondent
no.4 in accordance with law.
Subject to the aforesaid observation, the
claim of the petitioner is directed to be considered
based on the succession certificate, which may be
issued in favour of the petitioner by the competent
civil court.
So far as the petitioners' claim for the grant
of service benefits and salary based on the
recommendations of the 7th Pay Commission, as a
consequence of his appointment on compassionate
grounds that would be independently considered by
the respondent and appropriate order would be
passed on the same within a period of six weeks from
the date of production of certified copy of this
judgment.
Accordingly, the writ petition stands
disposed of.
(Sharad Kumar Sharma, J.)
21.02.2022
Nahid
