VYAS, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order impugned dated 13. 5. 2005 (Annexure- 6) and further prayed that the respondents may be directed to treat the petitioner's husband late Ravi Kumar Bhatia as regular Central Government employee w. e. f. 1. 10. 1991 and pay her all the terminal/pensionary benefits along with interest and other dues.
(2.) THE petitioner's husband Late Ravi Kumar Bhatia was initially appointed as Tea Maker in the pay scale of Rs. 160-375 in the Canteen run by the respondents at Bikaner on 1. 12. 1983. THE services of the petitioner's husband were terminated and thereafter, the petitioner's husband raised an industrial dispute and the Judge, Labour Court Bikaner decided the reference made by the appropriate Government in favour of the petitioner's husband vide award dated 3. 8. 1991 whereby the termination of the services of the petitioner's husband w. e. f. 15. 9. 1984 was set aside. Accordingly, an order was passed for reinstatement with continuity in service along with 75% back wages w. e. f. 5. 11. 1986. Against the said award, the respondent - employer preferred a writ petition before this Court and the same was registered as SB Civil Writ Petition No. 352/1992. The said writ petition was dismissed by learned Single Judge and against the judgment passed by learned Single Judge, an appeal was preferred by the employer and the said appeal was registered as DB Civil Special Appeal (Writ) No. 162/1993 whereby the Hon'ble Division Bench of this Court passed an exparte interim order and it was ordered that no coercive process be taken in recovering back wages to the extent of 35% of back wages and 40% back wages were ordered to be paid. The petitioner's husband was reinstated in service and was paid 40% back wages as ordered by Hon'ble Division Bench. Thereafter, the petitioner's husband appeared and qualified the screening test for Telephone Mechanic held on 2. 5. 1999 and he was given officiating promotion. The petitioner has placed on record the order Annexure-2 whereby the petitioner was declared successful in departmental qualifying screening test. The name of the petitioner's husband is appearing at Sl. No. 56 in the select list. During the pendency of the aforesaid special appeal, unfortunately, the petitioner's husband died on 14. 1. 2000 and no steps were taken by the respondents to substitute the legal representatives of late Ravi Kumar Bhatia. Therefore, the said special appeal was abated by Hon'ble Division Bench vide order dated 10. 3. 2003. Thereafter, according to the petitioner, the award passed by Judge, Labour Court attained finality because against that award, the writ petition filed by the employer was also dismissed. It is contended by the learned counsel for the petitioner in the writ petition that as per the judgment of Hon'ble Apex Court, a circular was issued on 16. 11. 1992 by the Department of Personnel and Training, New Delhi by which the pensionary benefits were granted. The petitioner has placed on record the said notification as Annexure-4.
(3.) LEARNED counsel for the petitioner further prayed that after reinstatement while making pay fixation, the pay of the petitioner's husband was fixed as Rs. 810/- per month on 1. 12. 1987 and he was provided annual grade increments but for no reasons on 29. 9. 1992 his pay was reduced from Rs. 810/- to Rs. 750/ -. Therefore, for difference of wages, the petitioner's husband preferred an application under Section 33 (C) (2) of the Industrial Disputes Act, 1947 before the Labour Court, Bikaner. The Judge, Labour Court after hearing both the parties allowed the claim of the petitioner's husband. Against the said order passed by Judge, Labour Court on 28. 4. 1999, the respondents preferred a writ petition before this Court and the said writ petition was registered as S. B. Civil Writ Petition No. 4327/1999. However, the said writ petition was dismissed vide order dated 25. 7. 2000. After death of petitioner's husband, the payment of 35% of back wages amounting to Rs. 29,300/- has been paid through cheque dated 5. 9. 2003 by the respondent administration without any interest for period from 10. 5. 1993 to 4. 9. 2003. In this writ petition, the petitioner is claiming that the case of the petitioner's husband was not considered for regularizing his services, therefore, after his death, the petitioner made representation before the respondent administration for regularizing the services of the petitioner's husband and to grant pensionary benefits in the light of the circular issued by the Department of Personnel and Training, New Delhi and in pursuance of the verdict given by Hon'ble Apex Court. ;