IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18412 of 2009 1. BINDESHWARI PRASAD SINGH S/O LATE SHEO NARAIN SINGH R/O VILL.- JANAKPURIA, P.S.- SAHAR, DISTT.- BHOJPUR, ARA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY MINOR IRRIGATION DEPARTMENT, NALKOOP DIVISION, GOVT. OF BIHAR, SICHAI BHAWAN, PATNA 2. THE CHIEF ENGINEER MINOR IRRIGATION DEPARTMENT, NALKOOP DIVISION, SICHAI BHAWAN, PATNA 3. THE SUPERINTENDING ENGINEER MINOR IRRIGATION DEPARTMENT, NALKOOP DIVISION, ARA 4. DIVISIONAL COMMISSIONER GOVT. OF BIHAR, PATNA DIVISION, PATNA 5. EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT, SASARAM ----------- 02 31/03/2010 I.A. No. 1534 of 2010 has been filed for substitution of the original petitioner stated to have been deceased during the pendency of the application on 28.11.2009, by his legal heirs, details whereof are mentioned in paragraph-3 of the application. The claim in the writ application is to be considered for grant of Assured Career Progressive Scheme benefits and consequential grant of the same. The relief prayed for has financial implication for the family of the deceased. Having heard counsel for the parties, the I.A. application is allowed and the legal heirs mentioned therein are directed to be substituted in place of the original petitioner. Deceased petitioner is stated to have represented on 2.3.2009. However, no such copy of 2 application is on record. Liberty is granted to the newly substituted petitioners to submit a copy of the representation dated 2.3.2009 or alternative, if so advised, to submit a fresh representation along with the copy of the present order when the respondents are directed to consider the case of the original deceased petitioner for grant of Assured Career Progressive Scheme benefits within a maximum period of three months from the date of receipt/production of a copy of this order. It is expected that if the respondents find justification in the claim, or any part of the claim, the legitimate dues shall be paid to the legal heirs within the same period without compelling them to file another application for execution of the same. The application stands dismissed. It is expected that the respondents in all fairness shall take necessary steps for revision of the family pension etc. expeditiously preferably within a maximum period of four months from the date of passing of such order with regard to the Assured Career Progressive Scheme. P.K. ( Navin Sinha, J.)