IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9572 OF 2007 MALIDA DEVI, WIFE OF LATE GOPAL SHARMA, RESIDENT OF ANANDPURI, NEAR DIPAK DAIRY, P.S.- SIKRISHNAPURI IN THE TOWN AND DISTRICT OF PATNA. …. PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR IN CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA. 3. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, PATNA. ………………………RESPONDENTS. FOR THE PETITIONER: SHREE KANT PANDEY, ADV AND SANJIV KUMAR, ADV. FOR THE RESPONDENTS:RAJIV KUMAR SINGH, A.C TO G.A 8. ----------- 3 17.10.2011 Having heard counsel for the parties and taking into account that the impugned order of dismissal of the husband of the petitioner has merged into the appellate order dated 11.09.2004 reading as follows:- and that the husband of the petitioner died 2 within 11 days of passing of such order on 22.09.2004, this Court in the changed circumstances would only observe that since the sons of the petitioner have been substituted in the pending Criminal Appeal No. 439 of 2002 (D.B) by order dated 17.12.2004, the petitioner, the widow or the dependent of the deceased employee shall be entitled to raise their grievance relating to admissibility of any relief permissible in law if and when the said criminal appeal would be decided exonerating/ acquitting the deceased husband of the petitioner from charge on which he was convicted for life imprisonment. It is made clear that the Official respondents will not deny any relief to the petitioner or dependent members of the family by raising the plea of limitation and/or delay, inasmuch as, the petitioner had approached this Court assailing the order of dismissal of her husband by filing this writ application on 01.08.2007. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J) 3