IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.119 of 2011 KRISHNA MOHAN PRASAD SINHA, SON OF LATE BINDESHWARI PRASAD, RESIDENT OF NIRMALA BHAWAN, ROAD NO. 4, SHASTRI NAGAR, P.S. KOTWALI, DISTT. PATNA. ------ APPELLANT. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. BIHAR SCHOOL EXAMINATION BOARD, THROUGH ITS SECRETARY, PATNA. 4. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 5. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 6. THE DEPUTY SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 7. DISTRICT EDUCATION OFFICER, MUNGER FORT, MUNGER. 8. THE HEAD MISTRES, BAIJNATH GOVERNMENT GIRLS HIGH SCHOOL, MUNGER. ------- RESPONDENTS ----------- For the Appellant : Mr. Arvind Kumar Tiwary, Advocate. For the State : Mr. A. Amanullah, G.A-4, Advocate. Mr. Arun, larned A.C. to G.A.-4, Advocate. For the Bihar School Examination Board : Mr. Lalit Kishore, Advocate. --------- 4. 13.4.2011 Heard learned counsel for the Appellant, learned counsel for the State and learned counsel for the Bihar School Examination Board and perused the order of the Writ Court. The Writ Court has considered the entire relevant aspect of the claim made by the original writ petitioner, the wife of the Appellant and has come to a conclusion that since service records of the writ petitioner were as per matriculation certificate produced by her, she could not have claimed anything from the employer after her superannuation on 28.2.2005 until her claim for correcting her age in the 2 matriculation certificate could be allowed by the Bihar School Examination Board. Admittedly, the writ petitioner died on 8.4.2010 and the writ petition filed in the year 2004 came up for consideration in November, 2010. Now, after superannuation and after death, in the facts of the case, no benefit can be given to the original writ petitioner and on that basis the Writ Court has rightly held that it will be futile to allow the claim of the Appellant for substitution. In the facts of the case, we find no error or illegality in the order of the Writ Court. This Appeal is, therefore, dismissed. S.Ali ( Shiva Kirti Singh, J.) (Akhilesh Chandra, J.)