HON'BLE SRI JUSTICE GHULAM MOHAMMED WRIT PETITION NO. 2998 OF 2000 Between: M.V. Apparao S/o Uttiraju ..... PETITIONER AND Rastriya Ispat Nigam Limited, Visakhapatnam Steel Project represented by its Director and one another .....RESPONDENTS ORAL ORDER: This Writ Petition has been filed in the nature of writ of Mandamus declaring the action of the respondents in not reinstating the petitioner into service as arbitrary and consequently direct the respondents to reinstate the petitioner into service. Brief facts of the case are that some lands were acquired for the purpose of Visakhapatnam Steel Plant and for that respondents beside payment of compensation amount for the land acquired, also issued rehabilitation cards to the landowners with an assurance to provide alternative accommodation and suitable job in Visakhapatnam Steel Plant. It is stated that the petitioner had been selected, as Assistant Technician Trainee vide appointment letter No. PL/NER/9(23) dated 23.9.1989 and accordingly he joined into service during October 1989. While so, respondents issued a charge sheet dated 12.10.1992 for wilful absence from duty and the same were proved and the disciplinary authority passed removal orders dated 23.1.1995. For that the petitioner made a representation but the respondents have not responded properly. Hence, the present Writ Petition is filed. The learned counsel appearing for the petitioner submits that the petitioner is no more and his legal representatives may be considered for appointment. This Writ Petition is misconceived inasmuch as no cause of action survives against a dead person. So also the petitioner is not a permanent employee. He was appointed as Assistant Technician Trainee vide proceedings dated 23.9.1989 and for the absence of duty he faced enquiry proceedings during his probation and same were proved and he was removed from service on 23.1.1995 in probation period only. Therefore, I see no reasons to entertain the Writ Petition under Article 226 of the Constitution of India and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 02.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.