Court No. - 43
Case :- WRIT - A No. - 9291 of 2019 Petitioner :- Smt. Sunita Anand And Another Respondent :- Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd., Lucknow And 3 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- Shishir Prakash
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction to be issued to the respondents to release arrears of salary for the period of suspension as also the retiral dues payable to petitioner's father late Anand Prakash. A perusal of the record would go to show that the petitioner's father died some times in the year 2012, while being under suspension. It further appears that the petitioner's late father had married twice. The Second wife had filed Writ Petition (S/S) No. 4753 of 2014 which was dismissed vide following orders passed on 2.9.2014:-
"Heard Sri Vijay Kumar Tiwari, learned counsel for the petitioners, Sri Amit Kumar Singh, learned counsel for the respondents no.1 and 2 and Sri Puneet Chandra, learned counsel for the respondents no.3 to 6.
The petitioner, who is the second wife of late Anand Prakash, is seeking a direction to the respondents to release the arrears of salary for the period of suspension and retiral dues i.e. gratuity, G.P.F., leave encashment etc.
From the averments in the writ petition, it appears that the petitioner is the second wife of late Anand Prakash. First wife of late Anand Prakash was Smt. Civil Massey. They were divorced sometime in 2002 and thereafter late Anand Prakash married the petitioner. However, a complaint was made by Smt. Civl Massey regarding second marriage of late Anand Prakash with the petitioner. On this compliant late Anand Prakash was placed under suspension by order dated 3.10.2002 and a minor penalty was imposed upon him on 31.5.2006.
According to the petitioner, since both late Anand Prakash and Smt. Civil Massey have expired in 2012, arrears of salary for the period of suspension and retiral dues should be released in her favour. In the entire body of the writ petition it has not been indicated as to whether late Anand Prakash and Smt.Civil Massey had any children.
In this view of the matter, the petitioner may apply for Succession Certificate and unless Succession Certificate is obtained by her no relief can be granted to the petitioner by the respondents.
The writ petition is dismissed with the aforesaid observations."
It is averred that a succession certificate has been applied before the Civil Court at Lucknow and Succession Case No. 159 of 2015, is pending.
Considering the facts and circumstances, noticed above, this petition stands disposed of with the observation that the petitioner would be at liberty to oppose the claim set up in Succession Case No. 159 of 2015, and there upon to approach the authority concerned for release of the amount in question. Such claim of the petitioner would then be considered by the appropriate authority, in accordance with law.
Order Date :- 30.5.2019 n.u.