Law: Civil Servants Act, 1973

Section: 2(b)

Law: Service Tribunals Act, 1973

Section: 2(a),4

Civil Servants Act (LXXI of 1973)--- ----S. 2(b)---Service Tribunals Act (LXX of 1973), Ss. 2(a), 4---Appeal filed by legal heirs of deceased civil servant---Maintainability---Perusal of Civil Servants Act, 1973 and Service Tribunals Act, 1973 showed that there is no scope or prospect for filing any appeal before the Service Tribunal other than by the civil servant himself, and the law does not permit the legal heirs to knock on the doors of the Service Tribunal after the death of the said civil servant---Any relief which is personal to the deceased civil servant cannot be granted after his death but the Service Tribunal after taking into consideration the facts and circumstances of each case separately and to alleviate the miseries of the bereaved family, may continue the pending appeal only to examine and decide whether any monetary relief such as lawful pending dues are payable or if any lawful claim lodged by the civil servant in his life time which is subject matter of appeal in which cause of action survives despite his death including pensionary benefits, gratuity or provident fund etc., if permissible and applicable under the law and rules to the deceased. Record showed that the deceased civil servant died on 30.07.2017, and the first application/representation was moved before the department by his widow/petitioner on 21.05.2018, which was obviously after the demise of her husband. Nothing was placed on record to show that the deceased, ever challenged his regularization with immediate effect, rather than from the date of his initial appointment. The claim of regularization, rightly or wrongly, from the date of initial appointment was a cause of action that could only be agitated by the deceased in his lifetime, but no such claim or legal proceedings were set into motion by him which showed that the deceased was satisfied and not interested in lodging any such claim and after his death. There is no scope or prospect for filing any appeal before the Service Tribunal under section 4 of the Service Tribunals Act, 1973 other than by the civil servant himself, and the law does not permit the legal heirs to knock on the doors of the Service Tribunal after…

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