Smt. Radhuli Devi vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Sri Sanjay Bhatt, Advocate for the Petitioner and Sri Dinesh Gahtori, Standing Counsel for the State.

This writ petition has been filed by the Petitioner claiming that her husband was a Class IV employee in Uttarakhand Police Department. He was dismissed from service vide order dated 23.3.2009. Her husband preferred an appeal against the order of his dismissal, which was also dismissed vide order dated 18.6.2009. Consequently the husband of the Petitioner filed a revision which is pending before the State Government. During the pendency of the revision before the State Government, the husband of the Petitioner died. Now the position is that the Petitioner has neither received any post retirement benefits nor her claim for appointment under dying in harness has been considered.

Counsel for the State Government Sri Dinesh Gahtori has fairly conceded that in case the Petitioner substitutes herself as revisionist in the revision filed by her husband which is pending before the State Government, the matter shall be considered by the State Government. It is a fair submission on the part of the State counsel. Therefore, this petition is being disposed of with the direction that in case the Petitioner moves an application for substituting her in the revision filed by her husband, the revision shall be heard on merits and any proper relief which is liable to be given to the Petitioner shall be considered, including the relief of grant of pensionary benefits or any such post retirement benefits, including appointment under dying in harness.

With these observations, writ petition is disposed of. No order as to costs.