Allahabad High Court Questions Legality of Proceedings Against Deceased Employee

Court Orders Explanation for Posthumous Service Dismissal and Pension Stoppage

In a significant ruling, the Allahabad High Court has expressed astonishment over the initiation of disciplinary proceedings against a deceased employee, directing the concerned authorities to explain the legal basis for such actions. The case, titled "Priti Saxena v. State of U.P.," was presided over by Justice Prakash Padia.

The petitioner, Priti Saxena, challenged the stoppage of her family pension following her husband, Mukul Saxena's death due to the Covid-19 pandemic on May 31, 2021. Mukul Saxena had been employed as an Assistant Teacher since October 1996 under the Dying-in-Harness Rules, but allegations of a fraudulent appointment led to proceedings against him posthumously.

The court was informed that a letter dated July 18, 2022, from the Director of Education (Basic), U.P., called for Mukul Saxena's service dismissal, citing forged documents for his appointment. Subsequently, the District Basic Education Officer, Farrukhabad, requested the stoppage of Priti Saxena's family pension, which was executed in December 2022.

Justice Padia emphasized that no inquiry could be initiated against a deceased person, highlighting the absence of any definitive orders declaring Mukul Saxena's appointment null and void during his lifetime. The court directed the Director of Education (Basic), U.P., to file a personal affidavit within a week, explaining the legal provisions under which the July 2022 letter was issued. 

The affidavit is required by December 16, 2025, failing which the Director must appear in court. The decision underscores the court's commitment to ensuring procedural fairness and adherence to legal standards, particularly in cases involving deceased individuals and their families.

Bottom Line:

Proceedings cannot be initiated against a deceased person. The Court expressed shock and surprise at the initiation of proceedings to dismiss the service of a deceased employee and directed the authority to explain the legal basis for such action.

Statutory provision(s): Service Law, Dying-in-Harness Rules, Pension Rules

Priti Saxena v. State of U.P., (Allahabad) : Law Finder Doc Id # 2819489