Writ petition dismissed directing the U.P. State Railways to implement the Tribunal's order within three months to approve deceased employee's promotion and release retiral dues to his dependents.
State to implement Tribunal direction within three months to approve promotion and release retiral dues to dependents.
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Court No. - 39
Case :- WRIT - A No. - 23847 of 2009
Petitioner :- U.P.S.R.T.C. And Others Respondent :- Ram Lachchan Tewari And Another Counsel for Petitioner :- Ajit Kumar Singh,C.S.C.,Mritunjay Mohan Sahai
Counsel for Respondent :- C.S.C.,P.K.Dwivedi,Ramesh Chandra Yadav,Ramesh Kumar,Sudhir Kumar Singh
Hon'ble Attau Rahman Masoodi,J. Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner and Sri Ramesh Chandra Yadav, learned counsel for the respondent nos.1/1 to 1/3.
The respondent no.1 was an employee working with UPSRTC. He was initially appointed as Conductor on 5th September, 1955. Thereafter, he was promoted as Booking Clerk on 6th March, 1972. Later on, respondent no.1 (Late Ram Lachchan Tewari) was promoted as Traffic Inspector on 6th February, 1984. However, for the lack of approval, the deceased employee was reverted by order dated 30th January, 1985. Sri Ram Lachchan Tewari feeling aggrieved against the said order, appears to have filed a writ petition before this Court, which was registered as Writ Petition No.2514 of 1985. The order of reversion dated 30th January, 1985 was stayed by this Court. Resultantly, the employee continued to work on the post of Traffic Inspector until he attained the age of superannuation on 31st July, 1994. The writ petition filed by the deceased employee thus lost its relevance and later on was dismissed for want of prosecution by order dated 13th May, 20013.
It is surprising to note that on account of an interim order, which was passed in favour of the respondent employee, yet retiral dues payable to him stood held up and the same have not been paid till date. This is what has been informed to this Court by learned counsel appearing for respondent nos.1/1 to 1/3 who have been substituted in place of respondent no.1 after his death on 11th November, 2014.
The dues payable to the dependents of deceased employee have remained held up on account of the pendency of Writ Petition No.2514 of 1985 and further, on account of the pendency of a Claim Petition No.1775 of 1999, which was filed before the U.P. Public Service Tribunal claiming the benefit of approval on the post against which the deceased employee had worked till
the last date of his service in view of the interim order.
The claim petition was filed before the Tribunal on the premise that some junior employees to the respondent were considered for approval of their promotion even after their retirement on 22nd February, 1995. Learned Tribunal having regard to the two vital facts, namely, that the respondent/deceased employee had firstly worked on the post of Traffic Inspector on the strength of an interim order passed by this Court in Writ Petition No.2514 of 1995, secondly, since some junior persons as mentioned in paragraph 4 of the impugned judgment were also approved for higher promotion even after their retirement, it is for these two reasons that the Claim Petition No.1775 of 1999 was allowed with a direction issued by the learned Tribunal as under:-
"In the facts and circumstances, the reference petition is finally disposed of with a direction to the opposite parties to consider the petitioner's case as well for approval of his promotion on the post of Traffic Inspector and in case he is approved, benefit of gratuity and traffic allowance be given to him according to rules."
It is this direction issued by the Tribunal against which the present writ petition has come to be filed by UPSRTC wherein there is no interim order. Nevertheless, the direction issued by the Tribunal has not been complied with and on the contrary, the employee to whom the retiral dues accrued stood deprived of during his life time. After the death of respondent no.1, respondent nos.1/1 to 1/3 have come to be substituted in his place.
Having carefully gone through the order impugned here in this writ petition, we do not find any good reason to set aside the impugned direction issued by the Tribunal. The State is thus directed to implement the direction issued by the learned Tribunal in its true spirit and context so that the post retiral dues payable to the respondent/deceased employee are released to the dependents entitled thereto without any further delay. Let this exercise be completed not later than a period of three months from the date a certified copy of this order is produced before the authority concerned.
The writ petition is, accordingly, dismissed.
Order Date :- 27.5.2022 Bhaskar
Digitally signed by BHASKAR Date: 2022.06.01 11:07:25 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the State must implement the Tribunal's direction to approve promotion and release arrears for a deceased employee who finished service on interim stay.
Whether the Tribunal's direction for granting gratuity and traffic allowance after promotion approval has not been complied with.
Whether the impugned Tribunal order deserves to be set aside or implemented.
U.P.S.R.T.C. and Others
Ram Lachchan Tewari (deceased) and Another
Attaur Rahman Masoodi
Vikram D. Chauhan
As recorded by the court registry
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