No order can be passed against a dead person, and disciplinary proceedings abate upon the death of the employee.

HARSIMRAN SINGH SETHI J.

1. Present writ petition has been filed challenging the order dated 13.02.2020 (Annexure P-15) by which, the benefit of technical pay scale granted to the husband of the petitioner has been withdrawn and that too after his death.

2. Certain facts needs to be mentioned for the correct appreciation of the issue in hand.

3. The husband of the petitioner was appointed on the post of Ploughman on 18.05.1981. Thereafter he was transferred from the post of Ploughman to the post of Machineman. While working on the post of Machineman, he was further promoted to the post of Turner. Keeping in view the instructions issued by the respondent-State by which, the technical pay scale was to be granted to the employees working on technical posts but said benefit was not being given to the employees concerned, large number of writ petitions were filed claiming the said benefit which writ petitions were allowed by this Court on 18.01.2010 one such writ petition being CWP No.18754 of 1991 was also allowed after which decision, the Department of Finance, Government of Haryana generalized the release of the technical pay scale to its employees working on various technical posts. The said direction was issued by the Department of Finance on 09.08.2010.

4. After generalization of the instructions by the Department of Finance, the husband of the petitioner was also granted the benefit of technical pay scale in April, 2012. While working on the post of Turner, late husband of the petitioner completed 16 years of service and became entitled for the grant of 2nd ACP but as the same was not given to him, representations were filed by the late husband of the petitioner to grant him the 2nd ACP. Rather than granting the benefit of 2nd ACP, the husband of the petitioner was issued show cause notice as to why the benefit of technical pay scale be not withdrawn from him and ultimately, in pursuance to the show cause notice dated 25.05.2017, the order was passed on 07.07.2017 (Annexure P-13) withdrawing from him the benefit of technical pay scale.

6. The said order dated 07.07.2017 (Annexure P-13) was challenged by the petitioner by filing CWP No.16048 of 2017, which writ petition was decided by this Court on 08.11.2019. The order dated 07.07.2017 withdrawing the technical pay scale was set aside.

7. It may be noticed that the husband of the petitioner unfortunately died on 12.07.2018 and after the death of the husband of the petitioner, the respondents passed an order on 13.02.2020 again withdrawing the benefit of technical pay scale and that too with retrospective effect and also revising his salary retrospectively, which order is under challenge in the present writ petition.

8. Before any order could be passed withdrawing the technical pay scale, unfortunately, the husband of the petitioner died on 12.07.2018.

9. On 13.02.2020 (Annexure P-15), the respondents passed an order against the late husband of the petitioner withdrawing the benefit of technical pay scale with retrospective effect and revising his pay retrospectively. The said order is under challenged in the present petition.

10. Learned counsel for the petitioner argues that the order which has been passed on 13.02.2020 is bad in law as the same has been passed after the death of an employee and once an employee concerned has already died and there is no master and servant relationship between the employee and the employer, no order can be passed by the employer against a dead employee causing prejudice to him/her, hence, the order dated 13.02.2020 is liable to be set aside on this ground itself.

11. Learned counsel for the respondents, on the other hand, submits that the initial order has been passed in the year 2017 withdrawing the benefit of technical pay scale though the same was set aside by this Court but with liberty to pass a fresh order, hence, even if, the husband of the petitioner has died before passing of the impugned order dated 13.02.2020, keeping in view the liberty g