Poonam Singh vs State Of Uttarakhand And Others

Manoj Kumar Gupta CJ

Heard learned counsel for the parties.

The writ petitioner claiming herself to be widow of late Shri Jitendra Shah has filed the present writ petition praying for a writ of mandamus commanding the respondents to decide her representations and give all service benefits to her and her minor daughter Jeevika @ Prisha.

The case of the petitioner is that she is widow of late Shri Jitendra Shah, who was Assistant Professor in Shaheed Smt. Hansa Dhanai Government Degree College, Agroda (Dharmandal), Tehri Garhwal. He is stated to have died on 22.04.2021 leaving behind the petitioner and her minor daughter. The petitioner has been given job on compassionate basis after death of her husband. Her representations for payment of terminal benefits of her deceased husband are still pending.

Learned State Counsel has placed on record the instructions received from the In-charge Director, Higher Education Directorate in which stand has been taken that in the Family Register Smt. Shivani Shah is recorded as wife of the deceased employee. It is further stated that his father Shri Jaganath Shah has also laid claim upon the terminal dues. The respondents are stated to be holding inquiry regarding the legal heirs and successors of the deceased employee and learned State Counsel states that as soon as the inquiry is concluded appropriate decision would be taken.

Having regard to the above, the instant writ petition is disposed of with direction to respondent no.2 to take appropriate decision in the matter within eight weeks after hearing the petitioner and other rival claimants.

Pending application, if any, also stands disposed of.