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Punjab-Haryana The High Court while pronouncing an important decision has clarified that the government cannot issue any order against the deceased employee. If the deceased employee is not available for his defence, all proceedings pending against him shall lapse immediately after his death. With these comments, the High Court accepted the petition filed by the widow of the deceased and disposed of the petition.
According to Dainik Bhaskar, while filing the petition, Rajbala, a resident of Hisar, told the High Court that her husband was an employee of the Haryana government since 1981. The Haryana government had decided to pay salaries to the technical employees till the order of the High Court. Under the same decision, the petitioner’s husband was also given this benefit in 2012.
Suddenly in May 2017 this benefit was withdrawn by issuing a show cause notice to her husband. This decision was challenged in the High Court by the petitioner’s husband and the High Court on 8 November 2019 rejected the orders of the Haryana government. However, the government was given freedom to issue new orders. Thereafter the Government issued an order in February 2020 and withdrew the technical pay scale granted to the petitioner’s husband from the previous date.
The petitioner said that her husband had died in July 2018 before the orders of the Haryana government. In such a situation, how can the government issue any order against the deceased employee. The Haryana government said that the High Court has given the government freedom to issue a fresh order regarding the petitioner’s husband. In such a situation, the government had the right to issue this order.
After hearing all the parties, the High Court said that if the employee dies before the completion of the proceedings initiated against him, the proceedings automatically terminate. In such a case no order can be passed by the employer affecting the deceased employee or his legal representative. The High Court has accepted the petition rejecting the decision to refund the technical salary.
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