AMRIT KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) S - Gurbachan Singh and Shri Ghulam Qadir Keng both Conservators, have filed writ petition No. 299 of 1979 claiming their right to be assigned the year 1960 as year of allotment for their induction in I F. S. and not the year 1973 actually given to them. During the pendency of the writ petition S -Gurbachan Singh died and his two sons, Jatinder Singh and Parmvir singh and widow Sr.H Amrit Kour filed application CMP 6 0 of 1980 for being substituted in his place. Learned Single, judge of this court on April 22, 1981 rejected the application as not sustainable in law as the right to sue did not survive of the legal representatives of the deceased -petitioner. Aggrieved by that order the legal representatives of the deceased have come up in Letters Patent Appeal before this court.

(2.) WE have heard the learned counsel for the parties and perused the record. Mr. Kotwal learned counsel appearing for the appellants has argued that S. Gurbachan Singh deceased petitioner had claimed two rights; firstly his year of allotment in IFS service and; secondly; salary and other emoluments attached to the service and in the event of success of the petition pecuniary benefits permissible were required to be given to the deceased petitioner. According to him appellants being the legal heirs of the deceased -petitioner are entitled to the said pecuniary benefits and as such are required to be substituted for the deceased petitioner. M/S D.P. Gupta and Kazmi have, however, controverted the above -said plea of Air. Kotwal by contending that in fact the deceased wanted his seniority in the I.F.S cadre which his right vanished with his death and as such right to sue did not survive

(3.) IN accordance with Order XXII Rule 1 C.PC. death of a party shall not cause the suit to abate if the right to sue survives. It cannot be denied that provision regarding abatement of suits apply to writ proceedings. The only point for consideration is whether right to surrivies in -the present case to the heirs and legal representatives of the deceased. No doubt the main relief sought by the deceased -petitioner. is his right of allotment of a particular year for induction in I F S. but this petitioner had also claimed in Para 25 of the amended petition his right, besides seniority, to have salary and till other emoluments attached to the service.