State Of U.P. & Ors vs Parmanand Shukla (D) Thr. Lrs

4. The facts of the case lie in a narrow compass so also the controversy, which has narrowed down to short issue on account of subsequent events occurring during the pendency of this appeal requiring no elaborate discussion to adjudicate any legal issue arising in this case.

6. In substance, the grievance of the writ petitioners (employees) against the State was that these writ petitioners were engaged by the State as daily waged muster roll employees by the Irrigation Department of Gandak Region to work in their various divisions way back in the year 1982 and onwards. They alleged that they continued to work till 1990 regularly when their services were disengaged resulting in filing of the writ petition (W.P. No. 45752/99) by these terminated employees for grant of appropriate relief against the State. The High Court came to their rescue and by order dated 21.03.2001 directed the State to dispose of the representations filed by the writ petitioners keeping in view the principle of last come first go. The State again discontinued their services in the year 2001 which again gave rise to the filing of the aforesaid batch of writ petitions by the terminated employees. One leading writ petition filed by 48 such employees was C.M.W.P.No 29545/2001 .

8. So far as the original respondent of this appeal, namely, Mr. Parmanand Shukla was concerned, he filed his individual writ petition being W.P. No. 2479 of 2001 claiming therein the same reliefs, which were the subject matter of the aforesaid batch of writ petitions/writ appeals/SLPs. According to him, he too was working like other writ petitioners as muster roll daily wage employee in the same Irrigation Department of State of U.P. from 1986 till 2000 when his services were brought to an end along with others giving rise to filing of the writ petition challenging his termination order and for claiming regularization in the services.

7. This writ petition was allowed by the learned Single Judge by order 17.01.2003 along with one more writ petition being C.M.W.P.No 29547/2001 in part wherein the High Court set aside the order dated 07.07.2001 passed by the Executive Engineer by which the services of the petitioners were terminated and accordingly directed the State to draw a list of the petitioners as well as of other employees alike them on the basis of their initial engagement in State service and then by offering them either daily wage employment or regular employment, if available and if needed by the concerned Divisions, in the State service. The State, felt aggrieved, filed S.A.No.737/2003 before the Division Bench. The Division Bench dismissed the appeal vide order dated 01.09.2004 and affirmed the directions issued by the learned Single Judge. The State pursued the matter to this Court by filing S.L.P. No.....CC342/2005 against the order of the Division Bench. This Court by order dated 20.01.2005 dismissed the SLP.

9. However, the writ petition filed by the original respondent herein was not clubbed with the aforesaid batch and the same remained pending. It was, however, allowed by the learned Single Judge by order 24.01.2007 in the light of leading order passed by the Single Judge in W.P.No 29545/2001 on 17.01.2003 which was by that time allowed by the learned Single and upheld by the Division Bench and even by this Court by dismissing the State's special leave to appeal. In other words, the respondent's writ petition was allowed and he too was granted the same benefits, which were granted to all the writ petitioners in the aforementioned batch of writ petitions so as to maintain the parity and judicial consistency in passing similar orders in identical nature of writ petitions.

17. Coming to the question as to what relief the respondents are now entitled to get in this appeal in the light of subsequent events, which occurred during the pendency of this appeal i.e., death of Parmanand Shukla (original respondent), we are of the view that the respondents are only entitled to receive money compensation from the appellant (State) in lieu of the deceased's right to claim reinstatement in service and also his right to receive any claim of back wages, if any. Indeed on this question, the appellant did not join any issue seriously. We have, accordingly, examined the case for grant of this relief.

18. Keeping in view the statement of details of payment of monthly salary filed by the respondents-Legal Representatives coupled with other material factors to enable this Court to work out a reasonable amount of compensation payable to the original respondent such as - the length of the service of the deceased, his age, total length of service rendered, rates of daily wages payable to muster roll employees in State of UP from time to time in the last three decades, and lastly large number of surviving dependents (8) in the family, we are of the considered opinion that the interest of justice would demand that the respondents are to be paid in lump sum a total sum of Rs. 10 Lacs (Rs. Ten Lacs) by the appellant-State in full and final settlement of all the claims arising out of this litigation relating to the service of the original respondent- Parmanand Shukla.

19. Let the amount of Rs. 10 Lacs (Rs. Ten Lacs) be paid to the respondent - Smt Kiran Devi - wife of the deceased Parmanand Shukla by the appellant (State of UP) within three months by account payee cheque/DD.

20. With these directions, the appeal stands disposed of.

December 18, 2014