Vijay Laxmi Chamoli vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

The petitioner's husband was working as an Account Clerk in Nagar Palika Parishad, Uttarkashi. According to the petitioner, though, her husband was working as an Account Clerk but since the post of Accountant which is a centralized post was vacant, the petitioner's husband used to perform the work of Accountant as well.

Since the husband of the petitioner was performing the work of Accountant, he claimed salary as well as regularization on the post of Accountant. Since this was not done, he filed a writ petition being WPSB No.1375 of 2002 before this Court. The said writ petition was disposed of by a learned Single Judge of this Court vide order dated 24.07.2008 by passing the following order:-

"Heard Sri Sharad Sharma, learned counsel for the petitioner and Sri H.M.Raturi, learned Standing Counsel for the respondent Nos. 1 & 2.

The grievance of the petitioner is that he had been discharging his duties in accounts cadre in Municipal Board, Uttarakashi from August 1996 but he had not been paid the salary of the post of Accountant, as there was no sanctioned post of Accountant, During the intervening period the State of Uttarakhand issued a notification on 1st August 2001, wherein the respondent No.2 has sanctioned a post of Accountant for each Municipal Board. The claim of the petitioner is that since he has been working form 9th December 1998 he had matured his right of being appointed on regular basis on the post of Accountant sanctioned by virtue of notification dated 1st August, 2001. The petitioner made representation before the District Magistrate on 6th August, 2002 that the services of the petitioner on the post of Accountant should be regularized. The Executive Officer of the Municipal Board, Uttarakashi also recommended the case of the petitioner. The representation of the petitioner is still pending for decision.

In the interest of justice, it is provided that the representation of the petitioner dated 06.08.2002 shall be decided by the respondent No.2 by speaking order within a period of three months from the date of receipt of certified copy of this order and if some amount is found payable that shall be paid to the legal heirs of the deceased petitioner.

With the aforesaid observation, the petition is disposed of finally."

Meanwhile, although this fact was not brought to the notice of the learned Single Judge who had disposed of the writ petition, that the husband of the petitioner by that time had died in a motor accident in the year 2004; while he was going from Uttarkashi to Dehradun on official duty.

In pursuance of the order passed by this Court, the petitioner moved a representation before the respondent authorities, which has been rejected by the Government vide order dated 16.03.2009 on ground that there is no provision for promotion on non-centralized post for the employees working under Nagar Palika Parishad and therefore no relief can be granted to the petitioner. This order has been challenged by the wife of Late Sri Madan Gopal Chamoli i.e. the petitioner before this Court by means of present writ petition.

The admitted case of the petitioner is that she has received all the dues which were liable to be given to her as a legal heir and widow of Late Madan Gopal Chamoli, who was an employee of the Nagar Palika Parishad, Uttarkashi. The relief as sought by the petitioner in the present writ petition cannot be granted to her for the reason that there is no provision for promotion to the post of Accountant on non-centralized post for the employees working in the Nagar Palika and husband of the petitioner was never promoted on the said post. No interference can be made to the order passed by the Nagar Palika Parishad.

Consequently, the writ petition fails and it is hereby dismissed.