Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 6066 of 2001 (Old No. 9341 of 1999). Janaki Ballabh Bhatt S/o Shri Hans Ram Bhatt, Sales Manager, Sales & Transport Incharge, District Cooperative Development Federation Limited, Kotdwara, Pauri Garhwal, R/o Village sitabpur Bhawar, Kotdwara, District – Pauri Garhwal. (Since Deceased) (Substituted by L.Rs.) 1/1 Arun Bhatt, 1/2 Anil Bhatt, Both sons of late Janaki Ballabh Bhatt, 1/3 Smt. Savitri Devi W/o late Janaki Ballabh, residents of Village-Sitabpur, Kotdwara, District- Pauri Garhwal. ………. Petitioners Versus 1. Registrar, Co-operative Societies, U.P. Lucknow. 2. Deputy Registrar, Co-operative Societies, U.P. Garhwal Mandal, Pauri Garhwal. 3. District Co-operative Development Federation Limited, Kotdwara, Pauri Garhwal through its Chairman / Assistant Registrar, 4. Secretary, District Co-operative Development Federation Limited, Kotdwara, District-Pauri Garhwal. ……… Respondents Sri U.P.S. Negi, learned counsel for the petitioners, Sri H.M. Raturi, learned Standing Counsel for the respondents. Date: 28th March, 2008 Hon’ble P.C.Verma,J. Restoration Application (MCC) No. 292 of 2008 has been filed by the applicant/petitioners to recall the order dated 26.02.2008 whereby the petition was dismissed in non-prosecution and to restore the writ petition to its original number. 2. The application is within time. I have perused the affidavit filed in support of the application. The grounds are satisfactory to allow the application. The application is allowed. Order dated 26.02.2008 is recalled and the petition be restored to its original number. 3. Heard the learned counsel for the parties on merit of the writ petition. 4. The petitioners are the legal heirs of the deceased Janki Prasad who died in harness on 05.11.2007. Janki Prasad was charge-sheeted and inquiry was held. Punishment of removal was imposed. Against the punishment order, petitioner Janki Prasad (since deceased) filed an appeal before the appellate authority. The appellate authority allowed the appeal of the petitioner after direction of the Allahabad High Court and directed for re-instatement of Janki Prasad. However, the employer did not challenge the order of appellate authority and also did not implement the order of the appellate authority and also did not implement the order of the appellate authority. Therefore, the present writ petition was filed to implement the order dated 21.02.1998 passed by appellate authority/respondent No.2. After filing the writ petition, Janki Prasad has died. The petitioner Nos. 1 to 3 have been substituted as legal heirs. 5. Since the appellate authority has allowed the appeal of the petitioner and re-instated him in service, therefore the writ petition is disposed of finally with a direction to the employer to pay the arrears of salary in terms of the order of the appellate authority dated 21.02.1998 and other post retiral dues payable to the deceased within a period of two months from the date of receipt of certified copy of this order. P.C.Verma,J.) 28.03.2008 P.Singh