WWW.LIVELAW.IN 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISIDCTION WRIT PETITION(CIVIL) NO(s). 1040 OF 2016 VIMAL PRAKASH KANDPAL(D) THR LRS.
Petitioner(s)
VERSUS THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD & ANR
Respondent(s)
O R D E R
The District
late &
petitioner
Sessions
was
Judge,
holding
the
Sonebhadra,
U.P.
post
of
when
Additional
the
Screening
Committee of the High Court of Uttarakhand vide its minutes dated 1.4.2016 recommended his compulsory retirement.
Pursuant to this
recommendation, the State Government issued an order of compulsory retirement on 3.5.2016.
Petitioner, aggrieved by these two orders, sought to assail the
same,
Constitution
by
the of
present
India
with
petition a
under
prayer
for
Article
32
mandamus
of
the
directing
reinstatement of the petitioner to the post from which he was compulsorily retired.
In
the
interregnum
period
of
the
pendency
of
the
present
petition, there has been unfortunate demise of the petitioner on
Signature Not Verified Digitally signed by DEEPAK MANSUKHANI Date: 2018.04.02 16:42:32 IST Reason:
16.2.2018.
It is, in these circumstances, to put a quietus to the
dispute, we had made certain suggestions to the learned senior counsel representing the High Court.
Learned senior counsel has
WWW.LIVELAW.IN 2 obtained instructions as to the consequences which would arise if the date of compulsorily retirement of the petitioner is shifted from 3.5.2016 to the date of his demise, i.e. 16.2.2018.
The
tentative amounts which would accrue now to the legal heirs of the petitioner are as under:-
Sl. no.
Particulars
Amounts
(i)
Salary for 03.05.2016 to 16.02.2018
Rs. 31,86,959.00
(ii) Leave encashment goes up from 206 days to Rs. 261 days Gratuity amount as on 03.05.2016 was Rs. 7,80,494.00. If date is 16.02.2018
(iii)
Rs.
2,36,873.00 8,86,925.00
(iv) Service extends to 12 years, 6 months, 28 Rs. 10,00,000.00 days. Death Upadan (v)
Family Pension
--
Total Amount
Rs. 53,00,000.00 (Rupees Fifty Three Lacs only)
We have heard learned counsel for the parties and we are of the view that it is an appropriate case to exercise our powers under
Article
142
of
the
Constitution
of
India,
to
give
the
substantive justice to the parties which would be sub-served by shifting of the date of compulsory retirement, i.e. 3.5.2016 to the actual
date
of
demise
of
the
petitioner,
i.e.
16.2.2018.
Petitioner would thus be deemed to have compulsorily retired on the date of his demise with all consequential benefits to be given to the legal heirs of the petitioner.
WWW.LIVELAW.IN 3
Needless
to
say
this
this
order
is
being
passed
in
the
peculiar facts and circumstances of the case not to be treated as a precedent.
The writ petition accordingly stands disposed of. Pending application(s), if any, stand disposed of.
………………………………………………………J. (J. CHELAMESWAR) …………………………………………………..J. (SANJAY KISHAN KAUL) NEW DELHI March 28, 2018
WWW.LIVELAW.IN 4 ITEM NO.47
COURT NO.2
SECTION X
S U P R E M E C O U R T O F RECORD OF PROCEEDINGS Writ Petition(s)(Civil)
I N D I A
No(s).
1040/2016
VIMAL PRAKASH KANDPAL(D) THR LRS.
Petitioner(s)
VERSUS THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD AND ANR
Respondent(s)
(IA No.30450/2018-EXEMPTION FROM FILING O.T.) Date : 28-03-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s)
Mr. Mr. Mr. Mr.
R. Basant, Sr. Adv. Lokesh Kumar, Adv. Arun, Adv. Kuldip Singh, AOR
For Respondent(s)
Mr. Mr. Mr. Mr.
Rakesh Dwivedi, Sr. Adv. Yashvardhan, Adv. Apoorv Shukla, Adv. Jagjit Singh Chhabra, AOR
UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order. Pending application(s), if any, stand disposed of. (DEEPAK MANSUKHANI) (RAJINDER KAUR) AR CUM PS COURT MASTER (Signed order is placed on the file)
