VIMAL PRAKASH KANDPAL(D) THR LRS. v. HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD
2018-03-28
J.CHELAMESWAR, SANJAY KISHAN KAUL
body2018
DigiLaw.ai
ORDER The late petitioner was holding the post of Additional District & Sessions Judge, Sonebhadra, U.P. when the Screening Committee of the High Court of Judicature at Allahabad 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. 2. Petitioner, aggrieved by these two orders, sought to assail the same, by the present petition under Article 32 of the Constitution of India with a prayer for mandamus directing reinstatement of the petitioner to the post from which he was compulsorily retired. 3. In the interregnum period of the pendency of the present petition, there has been unfortunate demise of the petitioner on 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 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 261 days Rs. 2,36,873.00 (iii) Gratuity amount as on 03.05.2016 was Rs. 7,80,494.00. If date is 16.02.2018 Rs. 8,86,925.00 (iv) Service extends to 12 years, 6 months, 28 days. Death Upadan Rs. 10,00,000.00 (v) Family Pension -- Total Amount Rs. 53,00,000.00 (Rupees Fifty Three Lacs only) 4. 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. 5. 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. 6. The writ petition accordingly stands disposed of. 7. Pending application(s), if any, stand disposed of.