IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3797 of 2006 Binod Ram Versus THE GAYA MUNICIPAL CORPN.& ORS ----------- 05/ 07.05.2010 Mr. Raj Dular Sah, learned counsel for the petitioner and Mr. Ravindra Kumar Priyadarshi for the Gaya Municipal Corporation are present. The original petitioner late Bhagwan had filed the writ petition claiming the payment of the post retiral benefits admissible to his late brother Munni Dome who died in harness on 05.12.1990 while holding the post of Sweeper in the Gaya Municipal Corporation. Unfortunately, during the pendency of the proceedings, the original petitioner also died and has been substituted by his son Binod Ram who claims to be the only son of original petitioner. Taking into consideration the entire circumstances and the fact that the matter has remained pending since 2006, I deem it appropriate to dispose of the writ petition with a direction to the substituted petitioner to raise his claim for payment of post retiral benefits admissible to late Munni Dome who died in harness on 05.12.1990 enclosing authentic relevant documents substantiating his identity to be the nephew of the deceased employee. He would also file a family genealogy obtained from the appropriate authority showing that Munni Dome is not survived by any other legal heirs except the present petitioner. 2 Upon such representation being filed enclosing the documents supporting the identity of the petitioner as legal heir of the deceased employee, the respondent Municipal Commissioner would process the claim of the petitioner after satisfying himself on the claim raised by the petitioner but without insisting for production of a succession certificate. The entire exercise should be completed within a period of three months from the date such representation is filed and the claim as found admissible to the petitioner should be disbursed within a period of three months in three equal installments. S.Sb/- (Jyoti Saran, J.)