MUKUNDRAI VENISHANKAR TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original petitioner, Dr.Mukundrai Venishankar Trivedi has expired on 28/03/1991. His heirs, the widow and two daughters filed Civil Application No.1821 of 1992 in this case and prayed therein for bringing them on the record of this special civil application as petitioners No.1/A, 1/B and 1/C. This Civil Application came to be allowed by this Court on 17/09/1992 and the heirs and legal representatives were ordered to be brought on record of this special civil application. However, necessary correction has not been made in the cause title of the special civil application. When the matter was heard and order was kept reserve, during the course of dictation of judgment this court has noticed that not only the original petitioner has expired but one of his legal heirs, the widow has also expired, but no steps have been taken by petitioner to bring the heirs and legal representatives on record. It is also noticed that necessary correction has not been made in the cause title of the special civil application. The matter was again posted for hearing. The other legal heirs have filed Civil Application No.11654 of 1999 wherein it is disclosed that widow has expired on 20/09/1994. Prayer has been made that other heirs, namely two daughters may be permitted to continue these proceedings. Prayer has also been made for making necessary amendment in the cause title.

(2.) The widow is survived by two daughters. Right to sue after her death survives to her two daughters who are already on record of this special civil application as heirs and legal representatives of their deceased father. It is a different matter that necessary correction in the cause title has not been made but substitution of heirs and legal representatives of these petitioners has been granted by this Court. The widow has expired during this period. Her two legal representatives are already on record of this special civil application and the prayer made in the civil application deserves to be granted. In the result, civil application No.11654 of 1999 stands disposed of in the terms that the two daughters, namely Kumari Dharmishtha M. Trivedi and Kumari Jaimini M. Trivedi are permitted to continue this writ petition as petitioners. The office is directed to make necessary correction in the cause title of this special civil application by showing their names as petitioners No.1 and 2 respectively therein. The civil application stands disposed of accordingly.

(3.) In the writ petition, the original petitioner, since deceased, hereinafter referred to as petitioner, prayed for declaration that respondent No.2 is required to pay the wages to the petitioners in the pay scale of Rs.425-850 from 8.9.1969 to 31.12.1972 and thereafter from 1.1.1973 in the pay scale of Rs.700-1300 and further directing the respondents to pay all the arrears of wages, allowances and benefits admissible to similarly placed doctors with 15% interest per annum. Second prayer has been made for declaration that the petitioner is entitled to usual benefits like earned and other leaves and directing the respondent No.2 to pay the cash equivalent of these leaves from the date of joining of the original petitioner with 15% interest per annum and further declaring that the petitioner is entitled to be paid due salary in the grade of Rs.700-1300 and other allowances as recommended by Desai Pay Commission in future. Third prayer has been made for granting such other and further orders as circumstances of the case may require.