IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10952 of 2002 KRISHNA BALLABH CHAUDHARY, son of Late Babu Lal Chaudhary, resident of Village kanungo BIgha, Police Station Narhat, District Nawadah, presently Assistant Teacher in Dharampur Gandhi Uchcha Vidyalay, Krishnanagar, Police Station Falka, District Katihar. Versus 1.THE STATE OF BIHAR 2.The Director, Secondary Education, Bihar, Amrapali Bhawan, Bailey Road, patna. 3.The District Education Officer, Purnea. 4.The Regional Deputy Director, Education Kosi Division, Saharsa. 5.Headmaster, Dharmpur Gandhi Uchcha Vidyalay Krishna Nagar District Katihar. ----------- 3 25/6/2010 No one appears for the petitioner. Counsel for the State is present and has filed counter affidavit. In this writ application petitioner had prayed only a relief to treat him as a trained graduate teacher and provide all the reliefs on the that basis. In the counter affidavit the respondents have taken a stand that the petitioner had already died on 18.7.2005 whereafter his dependents have been given the death cum retirement benefit including family pension. For the sake of clarity and convenience paragraph no.7 of the counter affidavit is quoted hereinbelow:- “That is respectfully stated and submitted that first of all it is to clear here that the petitioner had joined in the first appointed school in the Baldedo High School, Bhawanipur Rajdham, District Purnia from Dharampur Gandhi High School Krishna Nagar Katihar on 21.6.2003, vide letter No.814 dated 11.6.2003 of Secretary Secondary Education, Bihar during his service he expired on 18.7.2005. At per his service book there is no such any entry regarding as Trained Graduate Teacher. The family pension has been fixed by the Accountant General office Bihar to as a untrained 2 Graduate Teacher. The petitioner has not treated him as a trained graduate Teacher vide memo no. pen-5 2139 dated 14.2.2007 of senior Accountant Officer Accountant General office, Bihar, patna.” Once this fact becomes clear that the petitioner is already dead and there is no substitution of his heirs and legal representatives, there will be nothing for this Court to proceed further. Recording these aspects this application as it has abated, is directed to be consigned. Abhay Kumar ( Mihir Kumar Jha, J.)