Family of Deceased Employee Entitled to Salary Arrears on Accountant's Post - 2024-02-05

Family of Deceased Employee Entitled to Salary Arrears on Accountant's Post

Background: Vijay Kumar was an employee who was on probation and working as an Accountant when he passed away. He had not been confirmed in the position. His family members filed a writ petition seeking payment of arrears of salary on the post of Accountant.

Legal Question: The legal question at hand was whether the family members of Vijay Kumar were entitled to be paid the arrears of salary on the post of Accounts Clerk or Accountant.

Arguments Presented: The family members of Vijay Kumar argued that he was performing the duties of an Accountant and was entitled to be paid the arrears of salary on that post. The respondent-authorities argued that Vijay Kumar was still on probation and had not been confirmed in the position of Accountant, and therefore his family members were not entitled to the arrears of salary on that post.

Court's Analysis and Reasoning: The court examined the facts of the case and found that Vijay Kumar was performing the duties of an Accountant at the time of his death. The court also noted that he had not been confirmed in the position, but this did not mean that he was not entitled to be paid the arrears of salary on that post. The court held that the family members of Vijay Kumar were entitled to be paid the arrears of salary on the post of Accountant.

Decision: The court dismissed the appeal filed by the respondent-authorities and directed them to comply with the judgement of the learned Single Judge within a period of two weeks.