This court dismissed the abated writ petition due to the death of the sole petitioner but allowed the legal representatives of the deceased employee to pursue the claim regarding retirement benefits by filing a fresh writ petition.
The writ petition was disposed of; legal representatives permitted to file a fresh writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1983 of 2016
======================================================
Basanti Kumari Paswan
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Tiwari, Advocate For the Respondent/s : Mr. Lalit Kishore, PAAG
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 05-07-2017 It is stated by the learned counsel for the petitioner that since the sole petitioner has died, the writ petition has abated.
In that view of the matter, the writ petition is disposed of. Since it is a matter relating to retirement benefits, if so
advised, the legal representatives of the deceased employee would be at liberty to pursue the claim by filing another writ petition before this Court.
(Ashwani Kumar Singh, J)
Md.S./-
U
3 issues framed by the court
Whether the writ petition abated due to the death of the sole petitioner.
Whether the legal representatives can file a fresh petition for the claim.
How to dispose of an abated writ petition regarding retirement benefits.
Basanti Kumari Paswan
The State of Bihar & Ors
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
