IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9846 of 2005 RAJ BALLABH DAS Versus THE STATE OF BIHAR & ORS ----------- 05/ 19-03-2010 Heard the parties. I.A. No. 4423 of 2008 The interlocutory application was filed for substitution of the name of the original petitioner by his legal heirs mentioned in paragraph-2 of the interlocutory application. It is stated that the original petitioner Raj Ballabh Das expired on 15.8.2007 during the pendency of the proceedings and is survived by his legal heirs who are named in paragraph-2 of the interlocutory application and who wish to pursue the proceedings. The interlocutory application is allowed. Let the name of the original writ petitioner Raj Ballabh Das be expunged from the records of the proceedings and be substituted by his legal heirs named in paragraph-2 thereof. The petitioner superannuated from the post of Assistant from the Land Reforms Office Sadar, Chapra with effect from 31.8.2004. Upon non-payment of his post retiral dues, the present writ petition came to be filed. A counter affidavit has been filed on behalf of the respondents and in paragraph- 5 and 8 thereof the details of payment has been set out. It is stated that the entire dues together with post retiral dues as admissible to the petitioner has been paid to him and - 2 - nothing survives. In so far as the claim for salary for the period 18.12.1976 to 7.9.1978 is concerned, it appears that the petitioner was under suspension during the said period and the payment of salary of the petitioner was reduced to the subsistence allowance received by the petitioner during the said period. The said order having not been challenged by the petitioner all these years, not even in this writ petition, this Court would not look into the said grievance and the same is rejected. Mr. Shashi Shekhar Tiwary, learned counsel appearing on behalf of the petitioner while admitting the payment of the other claims, submits that there is some discrepancy in so far as payment of unutilized leave is concerned and that the petitioner is still eligible for payment of 58 days unutilized leave. Be that as it may, since the admitted dues as according to the respondent authorities have already been paid to him, nothing survives in the writ petition and the same is disposed of with a liberty to the petitioner to raise his claim for payment of 58 days of unutilized leave before the authority concerned and who shall consider and dispose of the same in accordance with law within a period of three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)