RAMESHWAR PRASAD Vs. U O I

JUDGEMENT

(1.) THIS writ petition had been filed by Rameshwar Prasad, who was holding the post of Assistant Post Master at Ganganagar, challenging the order of Post Master General, Jaipur, dated 22.8.69, by which the petitioner was retired from service with effect from 15.11.69, Rameshwar Prasad petitioner died on 13th March, 1971, and on 5th July, 1971, his minor son Krishan Dutt, through his next friend Shri Jagdeo Sharma, submitted as application for substitution of his name as petitioner in the writ petition in place of Shri Rameshwar Prasad.

(2.) THE learned Dy.Government Advocate has opposed the application for substitution submitted by Krishan Dutt on the ground that the employment of Shri Rameshwar Prasad was a matter of status and not of contract and was enjoyed by him as a person all right and did not enjure for the benefit of his legal representative. the submission of the Dy. Government Advocate is that on account of the death of the petitioner Rameshwar Prasad, the cause of action did not survive and as such the application for substitution is not maintainable.

(3.) AS the petitioner Shri Rameshwar Prasad has died and the right to sue does not survive to his legal representative, the writ petition is also dismissed. There will, however, be no order as to costs.