Court No. - 59
Case :- WRIT - A No. - 15749 of 2017 Petitioner :- Smt. Usha Srivastava Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Ravi Prakash Srivastava Counsel for Respondent :- Qamrul Hasan Siddiqui Hon'ble Manoj Kumar Gupta,J.
The petitioner is widow of late Rakesh Kumar Srivastava, who had been in employment with the U.P. Jal Nigam as Chaukidar. The dispute arose between him and U.P. Jal Nigam in regard to the legality of the dispensation of his services. It was subject matter of challenge before the Labour Court. Ultimately, the same was decided by this Court in Writ No. 36090 of 2004 by judgment dated 23.11.2006. The writ petition was allowed and the award passed by the labour court has been quashed. This Court has directed for reinstatement of husband of the petitioner alongwith back wages. The U.P. Jal Nigam carried the matter before the Supreme Court. Initially the SLP was entertained but subsequently, it came to be dismissed by order dated 6.9.2013. The husband of the petitioner died on 14.1.2013. The petitioner after dismissal of the Special Leave Petition filed representation before the authorities for payment of certain arrears of wages and other terminal benefits as well as family pension. The Executive Engineer by communication dated 1.10.2014 informed the petitioner that request has been made to the higher authorities for sanction of the budget for payment of arrears of salary and as soon as the money is received, payment shall be made. In regard to pension, she was informed that prima facie, the services rendered by her husband, were not pensionable, but the matter has been referred to the Chief Engineer for guidelines and consequential action would be taken on receipt of the guidelines. It is urged that although certain amount has been paid as arrears of salary/wages but according to the petitioner, full payment has not been made. The other grievance urged is that retiral benefits and family pension are also not being paid.
Shri S.S.A. Kazmi, learned counsel appearing on behalf of U.P. Jal Nigam and its Officers, very fairly stated that the claim made by the petitioner shall be examined by the third respondent within such time as may be directed by this Court. He further submitted that in regard to the retiral benefits, the guidelines are yet to be issued by the Chief Engineer.
Having regard to the facts of the case and the submissions made by learned counsel for the parties, the writ petition is disposed of with liberty to the petitioner to approach the Chief Engineer (A-4) U.P. Jal Nigam, Lunknow with a fresh representation and a certified copy of this order making request for payment of retiral benefits and in which event, the Chief Engineer shall issue appropriate guidelines in that regard to the third respondent within next one month. The third respondent shall, thereafter, take decision in the matter within next two months. The payment of retiral benefits and pension as well as arrears of salary shall abide by the decision that would be so taken.
(Manoj Kumar Gupta, J.)
Order Date :- 17.4.2017
AK Pandey