Court No. - 19
Case :- WRIT - A No. - 56568 of 2017 Petitioner :- Sunita Singh Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Brother of the petitioner i.e. Ajai Kumar Singh working on a class IV post at Kamori Shaheed Inter College, Jalalabad, died on 9 November 2007.
It is sought to be urged that the brother of the petitioner prior to his death was placed under suspension on 10 September 1996, however, enquiry was not concluded despite directions of this Court on 20 October 2000 passed in a petition being Writ-A No. 45283 of 2000.
Learned counsel for the petitioner would urge that in view of the provisions under the Uttar Pradesh Fundamental (First Amendment) Rules, 1976, and in particular, Rule 54-Kha, which provides that during the pendency of suspension or enquiry, if the employee dies, the suspension would vitiate thereby entitling the legal heir or the dependent of all retiral dues due to the deceased employee.
By means of the instant petition, petitioner, inter alia, seeks the following relief:
"i. Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Shahjahanpur as well as Accounts Officer to forthwith take into consideration the request of the petitioner for the purpose of payment of terminal dues accrued in lieu of discharge of duties by Late Ajay Kumar Singh as Class-IV employees who died on 09.11.2007 within stipulated period of time as this Hon'ble Court may so desires."
Learned Standing Counsel would submit that the second respondent shall pass an appropriate order on the representation of the petitioner expeditiously.
In regard thereto, the writ petition is disposed of with a direction to the second respondent, District Inspector of Schools, Shahjahanpur, to consider and decide the representation of the petitioner, in accordance with law, by a speaking and reasoned order, expeditiously preferably within eight weeks from the date of receipt of certified copy of this order after providing opportunity of hearing to the fourth respondent.
It is made clear that the Court has not adjudicated the claim and contention of the petitioner on merit.
Order Date :- 28.11.2017 K.K. Maurya