Court No. - 36
Case :- WRIT - A No. - 6388 of 2020 Petitioner :- Dinesh Chandra Tiwari Respondent :- State of U.P. and Another Counsel for Petitioner :- Vageesh Pandey Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned Standing Counsel for State- respondents.
Learned counsel for the petitioners submitted that husband of petitioner no. 1 was appointed on the post of Junior Engineer (Civil) at Nagar Palika Parishad, Ghazipur w.e.f. 15.12.1981 and ultimately, retired from the same post on 31.01.2019 from Nagar Palika Parishad, Chhibramau, Kannauj after satisfactory service. Due to pendency of vigilance enquiry even after completion of service of 38 years, he has been paid only 75% of pension, which is contrary to Government Order which provides that in such cases, 90% pension along with gratuity shall be paid. Therefore, husband of petitioner no. 1 preferred this petition.
He next submitted that during pendency of present petition, husband of petitioner no. 1 died on 19.7.2020 and substitution application filed by the wife and three heirs was allowed. He next submitted that even till date, vigilance enquiry has not been completed, therefore in such facts of the case, petitioners are now entitled for full post retiral dues including pension, gratuity etc. treating enquiry proceeding to be nullity in the eye of law.
Learned Standing Counsel submitted that it would be better for petitioners to file representation before respondent no. 2 for payment of all post retiral dues giving all the facts and in case representation is filed, the same shall be decided at the earliest.
I have considered the rival submissions made by the parties. The law is settled that once without completion of enquiry proceeding, any employee dies, no action can be taken against him against pending enquiry and it would be treated as no enquiry has ever been initiated against him.
Accordingly, writ petition is disposed of with liberty to the petitioners to file representation before respondent no. 2 for payment of all post retiral dues. In case any such representation is filed, respondent no. 2 is directed to consider and pay the entire amount within a period of two months from the date of production of computer generated copy of this order. In case, there is any legal or other impeadment in doing so, he shall pass the reasoned order within the same time.
Order Date :- 22.9.2021 Arvind