THE STATE OF BIHAR Vs. PUSHPA SINHA

JUDGEMENT

(1.) The respondent No. 1 herein, Smt. Pushpa Singh, is widow of Dr. Vikash Kumar Srivastava (since deceased) and respondent No. 2, Vaibhav Vishal, is the minor son of the said deceased.

(2.) Dr. Vikash Kumar Srivastava (since deceased) filed a writ petition, under Article 226 of the Constitution of India, which gave rise to CWJC No. 15828 of 2006, the reliefs, sought for by him, being (i) 'to issue appropriate writ/direction directing the State respondents to count the services of the erstwhile writ petitioner from 10.09.1987 to 25.11.1989 and to grant all consequential benefit of seniority, and (ii) to issue direction to pay salary from January, 1989 to 25th October, 1989'.

(3.) During pendency of the writ petition, Dr. Vikash Kumar Srivastava died on 25.09.2008 and, by order, dated 02.03.2009, passed in I. A. NO. 897 of 2009, filed in CWJC No. 15828 of 2006, the present respondents were substituted as the legal representatives of the said deceased. The original writ petitioner's grievance was, in brief, thus: