IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1392 of 2011 In Civil Writ Jurisdiction Case No. 10594 of 2007 With Interlocutory Application No. 6755 of 2011 In Letters Patent Appeal No.1392 of 2011 ====================================================== 1. Raj Kumar 2. Munna Kumar Both son of late Mahendra Ram, resident of village Rupaspur, P.O. Sahayanagar, P.S. Danapur, District Patna. .... .... Appellants Versus 1. Rajendra Agriculture University through the Vice Chancellor, Pusa Samastipur. 2. The Vice Chancellor, Rajendra Agriculture University, Pusa, Samastipur. 3. The Director (Administration) Raj Endra Agriculture University, Bihar, Pusa, Samastipur. 4. Associate Dean cum Principal Bihar Veterinary College, Patna. .... .... Respondent/ ====================================================== Appearance : For the Appellant/s : Mr. Ram Hriday Prasad For the Respondent/s : Mr. Chandra Mohan Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 27-09-2011 Re. I. A. No. 6755 of 2011 The delay of 37 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. L.P.A. No. 1392 of 2011 This Appeal under Clause 10 of the Letters Patent is preferred by the heirs and legal representative of the deceased writ petitioner against the judgment and order dated 7th July 2011 passed by the learned single Judge in above C.W.J.C. No. 10594 Patna High Court LPA No.1392 of 2011 (2) dt.27-09-2011 2 of 2007. The writ petitioner was Class- IV employee in Rajendra Agriculture University. During his service period he opted for Contributory Provident Fund Scheme. On his retirement on 31st January 2006 he received retiral benefits under the said scheme. The writ petitioner filed above C.W.J.C. No. 10594 of 2007 under Article 226 of the Constitution for a direction to allow him to join the Pension Scheme. Pending the petition the writ petitioner passed away in 2009. The appellants continued the writ petition as the heirs and legal representatives of the deceased writ petitioner. Learned single Judge has rejected the writ petition. Therefore, the present Appeal., We see no merit in this Appeal. Appeal is dismissed in limine. B Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)