Substitution of deceased petitioner allowed. Bench held no fresh direction required on pension/gratuity rights as pending proceedings in 2008 and 2004 writ petitions remain pending; writ application disposed.
I.A. for substitution allowed; writ application disposed; no direction to release gratuity pending.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5808 of 2005
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukeshwar Dayal For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
ORAL JUDGMENT
Date : 19-09-2017
I. A. No.4535 of 2013 has been filed for substitution since the sole petitioner died on 02.05.2013. The names of the legal heirs are indicated in paragraph 3. I.A. is allowed.
Keeping in mind the order which has been passed in CWJC No.2726 of 2008 with CWJC No.9043 of 2004, no fresh direction is required to be issued in the present writ application with regard to right of the erstwhile petitioner to beget benefit of pension and gratuity.
The story is not over as yet. There are other proceedings also, which are pending coupled with certain criminal cases, which were instituted.
Patna High Court CWJC No.5808 of 2005 dt.19-09-2017 2/2
In view of the same, thee is no occasion to give any direction upon the respondents to release gratuity and other entitlement till all issues are sorted out.
Writ application stands disposed of in terms of the above observation.
(Ajay Kumar Tripathi, J)
sk
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 20.09.2017 |
| Transmission Date | NA |
Smt. Meena Sinha and others
The State of Bihar through the Inspector General of Police and others
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
