Allowed substitution of the original petitioner by his wife. Declared the writ infructuous after considering the Accountant General's affidavit. Directed the State to ensure prompt processing of authorization for commutation.
Writ disposed of; State directed to ensure authorization reaches the Accountant General without delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25123 of 2013
====================================================== Gayatri Devi W/O Late Umesh Chandra Sharma, Resident Of Village Arap, Post Arap, P.S- Bikram, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Superintendent Of Education, Patna. 3. The District Magistrate, Patna. 4. The District Education Officer, Patna. 5. The District Programme Officer, Patna. 6. The District Provident Fund Officer, Patna. 7. The Block Education Extension Officer Bikra, Patna. 8. The Headmaster Utkramit Madhya Vidyalaya, Naghar, Bikram. 9. The Accountant General of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Niwas Prasad For the Respondent/s : Mr. Ajay Bihari Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 2 04-09-2014 IA No.6302 of 2014 is for substitution by the wife Gayatri Devi since the sole petitioner died on 23.1.2014. IA is allowed. Taking into consideration the affidavit filed on behalf of the Accountant General, the writ application has become infructuous. So far as commutation part is concerned, respondent State authorities must ensure that the authorization reaches the office of the Accountant General for its processing without further delay.
Writ stands disposed of.
(Ajay Kumar Tripathi, J)
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2 issues framed by the court
Whether the writ application remains maintainable after the death of the original petitioner.
Whether substitution of wife is permissible under Art. 221 of CPC in pension matters.
1 provisions across 1 enactments
Gayatri Devi
The State Of Bihar
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
