INDIRA DEVI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner is a widow of the deceased Executive Officer, who had worked in various Municipalities after his initial induction made as back as in 1979. At that point of time, when the appointment was made, though, it was on ad hoc basis but continued without break, and since then, he initially served at Nagar Palika Parishad, Dogharh, Meerut till 1983-84; thereafter, from 1984-85 till 1994-95 he has worked as in the Nagar Panchayat Kela Khera, Nainital. With effect from 1990-92, he has worked as Executive Officer, Nagar Palika Parishad, Sultanpur, District Udham Nagar. In the year 1995-96 he worked in Nagar Punchayat, Mahuwa Dabra, District Udham Singh Nagar and lastly for the year 1996- 97, he has worked in Nagar Palika Parishad, Deoprayag, Tehri Garhwal till he met with sad demise on 11.10.2007 in a road acident.

(2.) The husband of the petitioner has worked for over three decades as Executive Officer in various Municipalities, though on ad hoc basis. As per the records available with the respondents itself, it shows that the husband of the petitioner met with the sad demise on 11.10.2007 in a road accident. The contention of the petitioner is that despite the fact that her late husband had an unblemished service records yet his services were not regularized, though the same was governed by the provisions contained under the Uttar Pradesh Palika (Centralised) Services Rules, 1966 and as amended from time to time.

(3.) The contention of the petitioner is that the services of her late husband ought to have been regularized at an appropriate time i.e. w.e.f. 1978 from the date when he was initially appointed. Apprehending that due to non-regularisation of the service of her late husband, in all probability, it may create impediments in availing the retiral service benefits for the service rendered by the petitioner's husband, a writ petition was filed by the petitioner being Writ Petition (S/S) No. 826 of 2011, wherein the said writ petition, the prayer was made that since the late husband of the petitioner died in harness, and since she is running from pillar to post for availing the pension and retiral benefit and the same is not being considered an appropriate direction may be issued to the respondent to regularize service and determine retiral dues and other service benefits thus the coordinate Bench of this Court passed an order dated 04.09.2014 which reads as follows:-