IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12759 of 2001 1. Hari Ram S/o Late Gharita Ram and H/o of late Malti Devi 2. Ramesh Kumar Ram 3. Dinesh Kumar Ram 4. Kiran Devi 5. Punam Devi 6. Nilam Devi Residents of Mohalla- Medical Officer’s Colony, Quarter no. 53 (Out House), PS Khagaul, District Patna Versus 1. THE STATE OF BIHAR 2. The Khagaul Municipality, Khagaul through its Administrator, Khagaul PS Khagaul, District Patna. 3. The Special Officer, Khagaul Municipality, Khagaul PS Khagaul, District Patna. 4. The Executive Officer, Khagaul Municipality, Khagaul PS Khagaul, District Patna. 5. The Civil Surgeon-cum-Chief Medical Officer, Patna, Bihar ----------- 5 24-02-2009 Heard learned counsel for the petitioners. Nobody appears on behalf of the State or on behalf of Khagaul Municipality and its officials. On 18-12-2008 this court had granted two months time to JC to AAG 3 as well as to Mr. Shabbir Ahmad, Advocate, who appeared for respondent nos. 2, 3 and 4 to file counter affidavit but no counter affidavit has been filed. The counsels for respondents have also chosen not to appear. In the circumstances, this writ petition, which is pending since 2001, is being disposed of on the basis of materials available on record. The original writ petitioner, Smt. Malti Devi, is aggrieved by decision of the Khagaul Municipality dated 24-7-2001 contained in annexure-3 whereby treating her date of birth to be 1-8-1943 she was asked to treat herself superannuated from 31-8-2001 on account of - 2 - completing 58 years of age. On behalf of original writ petitioner it has been submitted that the Municipality had no records relating to her date of birth and several other class-IV employees known as Safai Karmcharis and hence, in 1986, by annexure-1 she was asked to give proof regarding her date of birth so that her service book may be initiated. On the basis of annexure-2 dated 25-10-1986 it has been shown that Civil Surgeon- cum-Chief Medical Officer, Patna determined the age of five Safai Karmcharis of Khagul Municipality including that of original writ petitioner on the request of Khagaul Municipality. Annexure-2 shows that she was found to be 35 years of age on 25-10-1986 and, therefore, her date of birth should have been treated as 25-10-1951. Inspite of opportunity given no counter affidavit has been filed and annexure-3, impugned decision of the Municipality, does not disclose the source or the material from which original writ petitioner’s date of birth was found to be 1-8-1943. Hence, the impugned decision contained in annexure-3 cannot be treated to be a decision based on any reasonable material so far as her age is concerned. Hence, the same is quashed. Ordinarily this court would have directed for reinstatement of the original writ petitioner with full or partial consequential benefits but in the present case admittedly the original writ petitioner died during the pendency of the writ petition on 29-11-2006 and she has been substituted by her six heirs. In view of her death, the relief of reinstatement cannot be granted. She would have been in service till 58 years of age, that is, till 2009 but as she - 3 - died earlier, her heirs have to be compensated for the loss which the original writ petitioner suffered by way of loss of wages. There is no material to indicate whether original writ petitioner was gainfully employed during the pendency of this writ petition or not. Considering all the facts and circumstances, the Khagaul Municipality is directed to pay 50% of the total wages and emoluments which original writ petitioner, Malti Devi, would have received after her forced superannuation on 31-8-2001 till her death on 29-10-2006. Such payable dues, that is, 50% of the total emoluments should be paid to her heirs within a period of three months from the date of production/communication of a copy of this order. The benefit of notional reinstatement shall be given for death cum retiral benefits also and the same should also be paid to the heirs in accordance with law without delay. BKS/ (Shiva Kirti Singh,J.)