WPSS/314/2022
2022 Latest Caselaw 438 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
      ON THE 24TH DAY OF FEBRUARY, 2022
                   BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 314 of 2022

BETWEEN:
Smt. Savita                                ... Petitioner
      (Mr. Pulak Agarwal, Advocate)

AND:
Nagar Palika Parishad & another            ... Respondents
      (Mr. B.D. Pande, learned counsel for respondent no. 1 and Mr.
      Nathi Singh Pundir, learned Deputy Advocate General for the
      State of Uttarakhand)

                        JUDGMENT

1. This petition has been filed by the widow of Late Jayman, who was serving as Sweeper in Nagar Palika Parishad, Ramnagar and died in harness on 25.03.2010, after putting more than 18 years of service on the post.

2. According to the petitioner, the employer (Nagar Palika Parishad, Ramnagar) had not paid terminal benefits, including family pension, gratuity etc., to the petitioner, even after lapse of 12 years of the death of petitioner's husband.

3. Learned counsel for the petitioner submits that Municipal Authorities have not paid any heed to the repeated representations made by petitioner, therefore, petitioner is on the verge of starvation, for want of any source of income.

4. Mr. B.D. Pande, learned counsel appearing for the Nagar Palika Parishad, Ramnagar assures the Court

that decision on petitioner's representation dated 05.05.2020 shall be taken positively within ten days from today.

5. Accordingly, the writ petition is disposed by recording the statement of Mr. B.D. Pande, learned counsel for Nagar Palika Parishad, Ramnagar. However, it is made clear that if petitioner is found entitled to the terminal benefits, including family pension, the same shall be released to her positively within four weeks from the date of decision on petitioner's representation.

6. Let certified copy of this order be supplied to the parties today itself.

(MANOJ KUMAR TIWARI, J.) Aswal