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2026 DAILYLAW 6173 (UTT)

MUNESH DEVI v. STATE OF UTTARAKHAND

WPSS/597/2019 · 2026-05-29

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:4250 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/597/2019 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Vinod Chandra, Advocate holding brief of Ms. Neetu Singh, learned counsel for the petitioner. 2. Mr. Sushil Vashisth, learned Brief Holder for the State of Uttarakhand. 3. Ms. Indu Sharma, learned counsel for the respondent-Uttarakhand Transport Corporation. 4. According to petitioner, her husband (Sudesh Pal) was employed as Driver in U.P. State Road Transport Corporation and upon creation of Uttarakhand Transport Corporation, he became employee of said Corporation. He died ultimately on 14.11.2015, however, his pending dues have not been released nor family pension is being paid to petitioner. 5. The reliefs, sought in the writ petition, are as follows:- (i) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding the Respondents to sanction and release Family Pension to Petitioner w.e.f. the date of death of Petitioner’s husband being a permanent regular govt. employees in Pensionable cadre, in the interest of justice to the Petitioner & her dependent family members. (ii) Issue an appropriate order, Writ or direction in the nature of Mandamus commanding the Respondents to make payment of one time financial assistance as per provisions of section -7 of UP Anukampa Nidhi Rules and related G.Os. in this regards, in the interest of justice to the Petitioner. 2026:UHC:4250 (iii) Issue an appropriate order, Writ or direction commanding the Respondents to sanction appropriate financial grants to Petitioner as per provisions of section07, 8 & 9 of Uttarakhand Retirement Benefits Act, 2018 applicable in the matters of Petitioner, in the interest of justice to the Petitioner. (iv) Issue an appropriate order, Writ or directions commanding the Respondents to make payment of all retirement/death service benefits such as Gratuity leave encashment & other benefits payable to a permanent employee of Corporation at the time of retirement/death in the interests of justice. 6. Ms. Indu Sharma, learned counsel appearing for Uttarakhand Transport Corporation was given time to get instructions. On instructions, she submits that petitioner’s husband was initially employed on ad-hoc basis and he was given regular status in the year 1989, and he was dismissed from service on 28.12.2004. She submits that petitioner’s husband did not challenge the order of dismissal passed against him before any forum. On the basis of instructions, she further submits that a sum of ₹22,523/- alone would be payable as Gratuity to petitioner. 7. Learned counsel for the petitioner, however, submits that petitioner’s husband served 17 years, 7 months and 12 days in Uttarakhand Transport Corporation, therefore, the statement made by learned counsel for the Corporation is ridiculous that petitioner would be entitled to only ₹22,523/- as gratuity. He submits that Corporation is not making correct statement before this Court, therefore, the Competent Authority in the Corporation be directed to re-calculate the dues payable to petitioner and pass necessary order for release of dues in favour of petitioner. 2026:UHC:4250 8. Having regard to the facts and circumstances of the case, the writ petition is disposed of by permitting the petitioner to make representation to the Managing Director, Uttarakhand Transport Corporation within two weeks from today. If she makes representation within stipulated time, Managing Director shall take decision thereupon, as per law, within ten days thereafter. The dues, if any, found payable to the petitioner, the same shall be released within two weeks from the date of such decision. (Manoj Kumar Tiwari, J) 29.05.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.05.29 02:24:38 -07'00'