Court No. - 19
Case :- WRIT - A No. - 36187 of 2007 Petitioner :- Smt. Sumitra Devi Respondent :- State Of U.P. Thru' Secretary And Others Counsel for Petitioner :- Diwakar Singh,B.R. Sharma,Jitendra Kumar Upadhyay,Kshitij Shailendra,Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.,V.K. Nagaich
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed by widow of deceased employee Late Ghasi Ram of Nagar Palika Parishad, Bijnor claiming arrears of salary of her husband since 1981 till his death on 25.4.2006.
A counter affidavit has been filed by the respondents and in which it is stated that the service of Ghasi Ram was dispensed with by order dated 31.7.1982/23.8.1982. It is not disputed before this Court that the service of Ghasi Ram was terminated by the said order and the said order has attained finality. In such view of the matter, this Court is of the opinion that the arrears of salary, if any, would be admissible only till he remained in service. In case he had continued under suspension prior to termination then he would be entitled to subsistence allowance, if not already paid.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the second respondent with a fresh representation specifically stating the arrears of subsistence allowance/salary, if any, which remain unpaid till termination of her husband from service. It shall be open to the petitioner to file necessary documents in support of her claim. In the event any such representation is made, the second respondent shall decide the same by means of a speaking order within a period of three months from date of receipt of the representation.
(Manoj Kumar Gupta, J.) Order Date :- 27.2.2018 skv