Court No. - 33
Case :- WRIT - A No. - 8360 of 2015 Petitioner :- Bodha Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M.N. Pathak,Shiv Lal Verma Counsel for Respondent :- C.S.C.,A.K. Pandey,G.D. Misra Hon'ble Ashwani Kumar Mishra,J. Civil Misc. Substitution Application No. of 2021 Allowed.
Let petitioner Nos. 1/1 to 1/3 be substituted as heirs and legal representatives of the deceased petitioner and a note be made that the petitioner has died on 30.04.2021.
Order on petition
Petitioner was appointed as a daily wage employee on the post of Boiler Attendant by respondent no.4 on 15.12.1986. Subsequently he was called upon to appear for interview and since 1992 the petitioner was allowed salary in the regular scale of pay. Subsequent order dated 23.09.1994 is also on record as per which all other benefits admissible to a regular employee were granted to the petitioner. Petitioner continued to work in such capacity and has ultimately attained the age of superannuation on 31.07.2015. He has also died. Grievance of the petitioner is that only because no formal order of regularisation was passed in his favour he has been denied various benefits including provident fund, gratuity, etc.
Counter affidavit has been filed but the respondents have neither disputed working of the petitioner nor the fact that petitioner has been getting regular salary in the respective pay scale of 1992.
In view of the materials placed on record it transpires that petitioner's working against a substantive post in regular pay scale since 1992 on wards is not disputed. If that be so, the authorities are required to pass specific order in respect of petitioner's regularisation in accordance with law and to ensure that all terminal benefits which were due and payable to the petitioner are calculated and paid to him in accordance with law.
Writ petition, accordingly, stands disposed of with the direction upon second respondent to examine such claim in light of the above observation and to ensure that all benefits which are found due and payable to the deceased employee are released to his legal heirs within a period of four months from today.
Order Date :- 28.9.2021/Abhishek Singh