Raj Mani Devi vs The State of Bihar and Others

Hon''ble Mrs. Justice Poonam Srivastav

Nodoubt there is delay of 7 years and the I.A. No. 2409 of 2011 is moved for condonation of delay of the C.M.P. No counter-affidavit has been preferred.

The assertion made on behalf of the petitioner''s counsel is that initially challenge was made before the Patna High Court before bifurcation of the State of Bihar. Subsequently, when State of Jharkhand came in to existence, the case was transferred but the original petitioner i.e. husband of the present petititioner died due to heart problem and therefore, the wife could not take step within the prescribed period of limitation.

Next submission is that the instant writ petition is only for the post retiral benefits, which could not be disbursed on account of the pendency of the dispute.

Since the matter is pending since 1999 and the widow is running from pillar to post and there appears no written objection on record on behalf of the respondents to oppose the delay condonation application, I am inclined to condone the delay though the period is quite long.

Taking into consideration the entire facts and circumstasnces, the delay is condoned. The C.M.P. be taken to be within time.

I.A. No. 2049 of 2011 stands disposed of.

List this C.M.P. under the heading "For Admission".

I.A. No. 1418 of 2011

The original petitioner had died during the pendency of this writ petition. The writ petitioner is survived by his widow, who claims the post retiral benefits etc. and the financial dues from the Department where the original petitioner worked during his life time.

Substitution Application is allowed.

Let the name of original petitioner be deleted from the cause title of the writ petition and in his place legal heirs be substituted. I.A. No. 1418 of 2011 stands disposed of.