IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2660 of 2004 SMT.NIRMALA SINHA, WIFE OF SRI KRISHNA MOHAN PRASAD SINHA AND DAUGHTER OF SRI YUGAL KISHORE PRASAD, RESIDENT OF ROAD NO. 4, SHASHTRI NAGAR, P.S. KOTWALI, DISTRICT AND TOWN- MUNGER. ……….PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. BIHAR SCHOOL EXAMINATION BOARD, THROUGH ITS SECRETARY, PATNA. 4. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD,PATNA. 5. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD,PATNA. 6. THE DEPUTY SECRETARY, BIHAR SCHOOL EXAMINATION BOARD,PATNA. 7. DISTRICT EDUCATION OFFICER, MUNGER FORT, MUNGER. 8. THE HEAD MISTRESS, BAIJNATH GOVERNMENT GIRLS HIGH SCHOOL, MUNGER. …………RESPONDENTS. ----------- I.A No. 8583 of 2010. 3/ 08.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. This is an application seeking substitution of the sole petitioner who is said to have died during the pendency of this writ petition on 08.04.2010. In view of the fact, that the only prayer made in this writ application by the deceased writ petitioner was with regard to impugned order passed by Bihar School Examination Board refusing to correct her date of birth from 01.03.1945 to 05.01.1947 2 and that for such cause of action the right to sue will not survive to her heirs, this court is not inclined to allow the prayer made in I.A No. 8583 of 2010. The reason for the same is also quite simple. The deceased petitioner, who was a teacher in a Government School had submitted her matriculation certificate at the time of her appointment in Government service in which her date of birth had been recorded as 01.03.1945 and her employer, the State of Bihar in keeping with the same had also made her to superannuate on 28.02.2005. Therefore, even if the prayer made by the deceased petitioner as on date for correction of date of birth is allowed she cannot ask for change of her date of retirement nor any benefit of any salary from the employer, the State of Bihar, as she was made to retire on the basis of her earlier date of birth as declared by her and recorded in her service book at the time of appointment in Government service. Obviously, such a wholely belated writ petition even on behalf of deceased petitioner and now by her heirs cannot be held maintainable. 3 In that view of the matter, this court is not inclined to allow the prayer of substitution and resultantly this writ application as a whole stands abated and is dismissed accordingly. Ranjan (Mihir Kumar Jha, J.)