Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 2735 (UTT)

MUNNI CHAUDHARY v. STATE OF UTTARAKHAND

WPSS/613/2026 · 2026-02-26

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:1344 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/613/2026 Hon’ble Manoj Kumar Tiwari, J 1. Ms. Bhavya Sharma, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner’s husband was employed as Cashier in Government Treasure at Nainital, who died on 18.02.2010. During the life time of petitioner’s husband, he was tried for the offence punishable under Sections 409, 468, 471 & 420 of IPC, and learned trial court (ACJM, Nainital) convicted him, vide judgment dated 04.11.1999; however, on appeal, learned Sessions Judge, Nainital, acquitted the appellant (petitioner’s husband) for the aforesaid offences, vide judgment dated 16.11.2002. 4. A Government Appeal was filed by State, against the judgment rendered by learned Sessions Judge, which, however, was dismissed as infructuous, in view of death of petitioner’s husband, vide order dated 02.06.2014. 5. According to petitioner, her late husband was paid subsistence allowance only till 04.11.1999 and nothing was paid to her husband as salary. It is further contended that other monetary dues, including Pension, Gratuity etc., have also not been paid to petitioner. 6. The relief, sought in the writ petition, are as follows:- (i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to calculate and release the entire pending salary of Late Shri Ramesh Chandra Chaudhary, including the withheld half salary paid during the pendency of the criminal proceedings along with full salary and all consequential service and 2026:UHC:1344 retiral benefits such as gratuity, provident fund and other admissible dues payable up to the date of his death i.e. 18.02.2010; (ii) Issue a writ, order or direction directing the respondents to pay interest on the delayed payment of the aforesaid salary and retiral benefits at a rate deemed fit and proper by his Hon’ble Court. (iii) Issue a writ, order or direction directing the respondents to decide and dispose of the petitioner’s representation dated 17.03.2025 (Annexure No. 4) and reminder dated 11.04.2025 (Annexure Npo. 5) within a stipulated time frame. 7. After arguing for a while, learned counsel for the petitioner submits that petitioner has made representation to the Competent Authority, therefore, the Competent Authority may be asked to take decision thereupon. 8. Learned State Counsel, however, submits that representation made by petitioner is to the Chief Treasure Officer, Nainital, while the Competent Authority is Director (Treasury). He, therefore, submits that petitioner should make representation to Director (Treasury), Dehradun. 9. Learned counsel for the petitioner submits the petitioner be permitted to make fresh representation to Director (Treasury), Dehradun. 10. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to Director (Treasury), Directorate of Treasury, Dehradun. If she makes representation within two weeks from today, Director (Treasury) shall take decision thereupon, as per law, within eight weeks thereafter. (Manoj Kumar Tiwari, J) 26.02.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.26 05:46:26 -08'00' 2026:UHC:1344