Prabhawati Devi vs State of Uttar Pradesh and 4 Others

The petitioner by means of present petition has assailed the order dated 24.4.2025 passed by the State Public Service Tribunal, Lucknow, by which the claim petition No. 2928 of 2022 instituted by the petitioner challenging the dismissal of her husband, was dismissed on the ground that the petitioner can not be substituted in place of her husband in as much as the right of the petitioner-husband against dismissal was personal.

It is submitted by learned counsel for the petitioner that the petitioner was substituted in place of her husband during pendency of appeal against the dismissal order. It is further submitted that even otherwise the illegal removal of the husband of the petitioner from service prejudices the right of the petitioner in as much as if the dismissal order is declared illegal and is set aside, the petitioner will be entitled to get all consequent benefits i.e. pension, gratuity and other benefits, to which her husband was entitled in case of setting aside of said dismissal. Therefore, the tribunal has erred in law in rejecting the claim petition of the petitioner.

Learned counsel for the respondents has vehemently contended that the dismissal of husband of the petitioner was individual and does not violate any right of the petitioner. He further submits that the Tribunal has given elaborate reasons and has also placed reliance on several precedents in

WRIA No. 15926 of 2025

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dismissing the claim petition. Accordingly, there is no illegality in the impugned order.

Considering the fact that it is pure question of law which has been raised by learned counsel for the petitioner, we do not deem it fit to grant any time to file counter affidavit.

Record reflects that husband of the petitioner had challenged the dismissal order by filing an appeal. During pendencey of appeal, her husband died and the petitioner was substituted. The appellate authority has upheld the order of dismissal after substitution of the petitioner. If the removal of the husband of the petitioner is found illegal, the petitioner would be entitled to get all benefits, to which husband of the petitioner would have been entitled. The tribunal has committed illegality in rejecting the claim petition on the ground that the petitioner has no locus to challenge the removal of the husband from service.

Accordingly, the instant petition is allowed and the order of tribunal dated 24.4.2025 is set aside The claim petition No. 2928 of 2022 is remanded back to the State Public Service Tribunal-respondent with the request to the Tribunal to decide expeditiously, preferably within six months from the date of production of certified copy of this order.

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

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December 1, 2025 P.P.

Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Prabhawati Devi v. State of Uttar Pradesh and 4 Others