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
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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