Suggestion require in respect of following query
gajendra soni
(Querist) 12 October 2015
This query is : Resolved
from the last 8 year case is pending in the highcourt relating to the illegal order of transfer , suspension , and compulsory retirement. during the pend ency of writ the appellant passed away. there is no pension scheme or compassionate appointment writ petition is about praying for issue of writ of certiorari to terminated the illegal order of transfer , suspension , and compulsory retirement. and reinstated in service .
a ) is legal representative of applicant has right to continued the processing
b)if yes then same writ will be continued or new application is to be filled along with new prayer.
v) is there any time limitation to put the legal representative on record .
D ) is if it correct writ must be filed for praying for is recovery of salary and other emoluments.for the period of suspension until period of he is reinstated.
P. Venu
(Expert) 13 October 2015
Can you furnish some more information? Was he a Government servant? Which Government? Was the compulsory retirement, a punishment after a due inquiry? What were the benefits granted on compulsory retirement etc.?
K.S.Srinivas
(Expert) 14 October 2015
Answer the query of Sri P.Venu.
Rajendra K Goyal
(Expert) 15 October 2015
Full case file need to be referred, consult Senior lawyer.
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
Upon the death of the petitioner in the writ petition, the petition abates if LRs do not file petition to plead them as LRs within 90 days of the death of the petitioner and subsequently if the set aside petition also not filed for setting aside the abatement within 60 days, the same will be barred by limitation, however a petition accompanying, filed under section 5 of limitation act to condone the delay with proper and justifying reasons with an affidavit, the same may be sought to set aside. The lRs may decide bout what is to b contested bu discussing with the lawyer who filed the writ.
P. Venu
(Expert) 19 October 2015
The queriest is not coming forth with the relevant information. I had raised those question in the light of the principle that a disciplinary proceeding comes to an end with the death of the Government servant.
