The Allahabad High Court affirms that even an employee’s successor can challenge disciplinary action, upholding legal heirs’ right to pursue service appeals after the employee’s death.
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UTTAR PRADESH: The Allahabad High Court has held that departmental appeals in service matters do not automatically abate upon the death of an employee. The Court ruled that legal heirs can continue to pursue such appeals, especially when they involve the denial of post-terminal dues, pension, or compassionate appointment rights.
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Background
The petitioner, Smt. Munni filed a writ petition under Article 226 of the Constitution challenging the dismissal of a departmental appeal filed by her deceased husband. The Commissioner, Varanasi Division, had rejected the appeal on the ground that it abated upon the employee’s death.
Smt. Munni contended that the disciplinary appeal under Rule 11 of the U.P. Government Servant (Discipline and Appeal) Rules, 1999, should not abate with the death of the government servant, especially since the matter concerned monetary and civil consequences.
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Court’s Reasoning and Final Judgment
The single bench of Justice Ajit Kumar observed,
“…..an employee if is working in establishment, which may be a pensionable establishment and where the family pension rights are also vested with the dependents of the family or otherwise also where the dues are inherited by the dependents of the employee by succession, such cause of action would survive till the last available statutory remedy is exhausted. Even an employee’s successor is entitled to question an order of the disciplinary authority as it has serious adverse civil consequences resulting in the denial of post terminal dues including right of compassionate appointment.”
Justice Ajit Kumar, while delivering the judgment, highlighted that the rules governing departmental appeals do not mandate the personal presence of the delinquent employee for the appeal to be heard or disposed of.
He noted that official records and service details are duly maintained by the department, enabling the legal heirs to pursue the matter even after the employee’s death.
Although the contract of employment ceases upon the demise of an employee, the statutory rights attached to service, such as pension, post-terminal dues, and compassionate appointment, continue to vest in the legal heirs.
Therefore, applying the civil law principle of abatement in such service matters is inappropriate, as it undermines the statutory remedies and adversely affects the economic rights of the deceased employee’s family.
The High Court quashed the Commissioner’s order and directed that the departmental appeal be restored. It also instructed the appellate authority to dispose of the matter on the merits within two months.
Cause Title: Smt. Munni vs. State Of U.P. And 2 Others
WRIT – A No. – 2479 of 2025
Appearance:
Petitioner- Advocate Pankaj Kumar Rai, Advocate Sandeep Maniji Bakhshi
Respondent- C.S.C.
READ ORDER HERE
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