12 July 2018
Supreme Court
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M.K.JAIN (DEAD)THR. LRS. Vs THE STATE OF UTTAR PRADESH

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-008872-008872 / 2011
Diary number: 18555 / 2006
Advocates: PRATIBHA JAIN Vs DINESH KUMAR GARG


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NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 8872/2011

M.K. JAIN (DEAD) THR. LRS. APPELLANT(S)

                               VERSUS

PRINCIPAL SECRETARY, STATE OF UTTAR PRADESH  & ORS. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Heard learned counsel for the parties.

2. I.A. No.3 is allowed.

3. The termination of the appellant (since deceased)

is under challenge.   

4. It is brought to the notice of this Court that

Respondent No.2/Nigam  was wound up in the year 2000

and the employees of the Nigam were absorbed by the

State of Uttarakhand in different departments.

5. Having  regard  to  the  charges  which  have  been

proved  in  the  inquiry  and  the  concurrent  findings

thereon, we do not find any reason to interfere with

the findings.

6. We direct the State to verify as to whether the

appellant-M.K.  Jain  (died  on  07.12.2007)  had  been

given  all  his  dues  including  the  subsistence

allowance  during  the  period  of  suspension.   This

exercise  shall  be  done  within  three  months  from

today.  In case, it is found that any amount was due

to be paid to the deceased appellant, his legal heirs

shall be paid the same with interest @ 18% per annum,

within a month thereafter.

7. Subject to the above, the appeal is disposed of.

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8. Pending  applications,  if  any,  shall  stand

disposed of.

9. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; JULY 12, 2018.

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