IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2130 of 2003 AJAY KUMAR SINHA, Son of lae Vishnu Prasad, Junior Administrative Officer, Jaya Prabha Hospital and Research Centre, Kankarbagh, Patna-20. Versus 1.THE STATE OF BIHAR 2.The Commissioner and Principal Secretary, Health and Family Welfare Department, government of Bihr, Patna. 3.Director in Chief, Health Services, Bihar, Patna. 4.The Superintendent, Rajendra Nagar Hospital Patna-16. ----------- 3 29.7.2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “(i)For issuance of direction to the respondent to grant the pay scale to the petitioner, which he was drawing just before taking over the Hospital by the Respondent. (ii)For granting of arrear of salary difference of the pay scale to the petitioner. (iii)For issuance of further direction to give yearly increment to the petitioner which is due from 10 August 97 to till now and also to give additional increment due on 10 August 1990 which is given after family welfare operation done by the employee.” Counsel for the petitioner with reference to the aforementioned prayer would submit that now when the petitioner is already dead, all that can be done for his dependents is to decide his entitlement so that they could be paid the arrears of salary and death cum retirement benefits. Strictly speaking this writ application after the death of the petitioner and in absence of prayer for his substitution has abated. Moreover from Annexure- 3 dated 22.6.1991 it would 2 appear that Jaya Prabha Hospital and Research Centre, Kankarbagh Patna was taken over by the State Government on 10.8.1990 in terms of Bihar Road and Hospitalization Act. The State Government had constituted a screening committee and in view of findings recorded by the Screening Committee the State Government had taken a decision to take over services of the petitioner as a Junior Administrative Officer in 1990-91. The petitioner did not challenge such a decision for a period of 12 years and had filed this writ application only in February, 2003 seeking or higher post and pay scale of Administrative Officer. Thus, both on the ground of delay as also in terms of the provisions of Bihar Road and Hospitalization Act, 1947, the said prayer of the petitioner cannot be allowed. Coming to the rest prayer of the petitioner, it appears that the respondents have explained in the counter affidavit that they are in process of taking action for fixation of pay of the petitioner as also grant of increment which is admissible to him. That being so, this Court would expect that the respondents would finalize entitlement of pay and emoluments of the petitioner in the pay scale of Junior Administrative Officer and also pay to his heirs all the admissible dues of salary including the increment till the date the petitioner remained in service. This exercise, it not completed by now, must be done within three months from the date of receipt/production of a copy of this order. 3 With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)