CWP No.8942 of 1993%5D.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.17113 of 2010 in/and CWP No.8942 of 1993 Date of Decision: 15.12.2010 **** RS Rawat . . . . Petitioner VS. Food Corporation of India & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Ravi Kant Sharma, Advocate for applicant/respondents ***** SURYA KANT J. (ORAL) CM No.17113 of 2010 The applicant-FCI seeks disposal of the writ petition as having become infructuous. The writ petition is accordingly taken on board for final disposal. CM stand disposed of. CWP No.8942 of 1993 (1). The petitioner (since deceased) approached this Court for quashing of the reversion order dated 15.7.1993 (Annexure P6). The record reveals that this Court vide order dated 27.7.1993 had stayed CWP No.8942 of 1993%5D.doc - 2 – the petitioner’s reversion. Thereafter, the writ petition was admitted and the ad interim stay was directed to continue. (2). This Court on 13.3.2001 further passed the following order:- “I have heard the learned counsel for the parties. CM stands disposed of with the direction to the respondents to release the terminal/retiral benefits of the reverted post to the petitioner. The release of the said benefits will be subject to the decision of the present writ petition.” (3). The FCI has now pointed out in the present application that as a result of the stay order granted by this Court, the petitioner continued to serve on the promotional post of Assistant Manager till he retired on attaining the age of superannuation w.e.f. 30.09.2000. The petitioner has thereafter unfortunately passed away on 14.04.2006 but his legal representatives (LRs) have not been brought on record. (4). On this premise, the writ petition is sought to be disposed of as infructuous. CWP No.8942 of 1993%5D.doc - 3 – (5). Since the retiral dues were directed to be released to the deceased petitioner on the ‘reverted post’ only, it cannot be said that the writ petition has become completely infructuous. The petitioner (since deceased) admittedly continued to hold the promotional post of Assistant Manager till he superannuated. Notwithstanding the fact that his LRs have not come forward for their impleadment, I deem it appropriate to dispose of this writ petition with a direction to the respondents to re- calculate the retiral dues of the deceased employee on the post of Assistant Manager and release the same to his Legal Representatives with all consequential benefits, within a period of three months from the date of receipt of a certified copy of this order. (6). Needless to say that if the ‘family pension’ has been granted to any of LRs, the same shall also be revised accordingly. (7). Ordered accordingly. Dasti. 15.12.2010 vishal shonkar (SURYA KANT) JUDGE