1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5923 OF 2002 1(A) Smt.Sayyanwa Mallappa Nagrale, Aged about 70 years, Occu – Household, Residing at Umrani, Tal. Jat, Dist. Sangli. 1(B) Shri Dhanappa Mallappa Nagrale, Aged about 37 years, Occu – Service, Residing at Umrani, Tal. Jat, Dist. Sangli, ..... Petitioners V/s. 1. The State of Maharashtra 2. The Joint Director of Higher Education, Kolhapur Region, Kolhapur. 3. Vice Chancellor, Shivaji University, Kolhapur. 4. Late Sambhajirao Garad Shikshan Prasarak Mandal, Mohol, Tal. Mohol, Dist. Solapur, Through its Secretary. ..... Respondents Mr.S.G.Kudle, for the petitioner. Mr.A.I.Patel, AGP, for the respondent – State. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 11th June, 2010 ORAL JUDGMENT : (PER P.B.MAJMUDAR, J.) : ­ 1. This petition was originally filed by the petitioner namely Mahadeo Mallappa Nagarale with a prayer that appropriate writ directions 2 may be issued directing the respondents and more particularly the respondent No.2, to approve the list of surplus teachers prepared by respondent No.3 on account of closure of the Commerce faculty of respondent No.4 College. It is prayed that the petitioner may be absorbed in any other Senior College affiliated to the respondent No.3 University, by protecting the petitioner’s previous service for the purpose of retiral benefits and seniority. 2. During the pendency of this petition, the sole petitioner has died and his legal heirs have been brought on record. Learned counsel appearing for the petitioner has fairly conceded that now the prayer regarding absorbing the petitioner in any other college has become infructous and as the petitioner is dead, such a relief cannot be granted to the heirs of the petitioner. In our view, the only prayer made in the petition cannot be granted to the heirs of the deceased petitioner. Therefore, this petition is required to be disposed of as having become infructous. If the legal heirs of the petitioner, who have been brought on record, have got any right to claim pension and retiral benefits of the original petitioner, they would be entitled to do so by seeking appropriate remedy in this behalf. At this stage, we would not like to express any opinion in any manner on the merits of such a claim and it will be open to the heirs of the deceased petitioner to take out appropriate proceedings in 3 this behalf in accordance with law. As indicated above, so far as the absorption is concerned, such a prayer cannot be granted when the sole petitioner is dead. We therefore dispose of the petition as having become infructuous. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )