IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5712 of 2001 MRS. DADAN BIHARI UPADHYAY Wife of Late Dr. Ram Bilash Upadhyay, resident of Buxar, District Buxar. Versus 1. THE STATE OF BIHAR through Secretary, Department of Medical Education, Family Welfare and Indegenous Medicine, Govt. of Bihar, Patna. 2. Deputy Sectary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 3. Director, Indegenous Medicine, Department of Medical Education, Family Welfare and Indegenous Medicine, Government of Bihar, Patna. 4. Principal, Government Shri Dhanwantari Ayurvedic College and Hospital, Ahirauli, Buxar, District Buxar. with CWJC No.8649 of 2003 Mrs. Dadan Bihari Upadhyay wife of Dr. Ram Bilash Upadhyay (since dead) resident of Buxar, District Buxar. Versus 1. THE STATE OF BIHAR through Cabinet Secretary, Government of Bihar, Old Secretariat, Patna. 2. Commissioner cum Secretary, Department of Finance, Government of Bihar, Patna. 3. Secretary Department of Medical Education and Family Welfare and Indegenous Medicine, Government of Bihar, Patna. 4. Additional Secretary, Department of Medical Education Family Welfare and Indegenous Medicine, Government of Bihar, Patna. 5. Deputy Secretary Department of Medical Education Family Welfare and Indegenous Medicine, Government of Bihar, Patna. 6. Director, Indegenous Medicine, Department of Medical Education Family Welfare and Indegenous Medicine, Government of Bihar, Patna. 7. Principal, Government Shri Dhanvantary Ayurvedic College Ahirauli Buxar. ----------- 6 3.9.2010 C.W.J.C. No. 8649 of 2003. Having heard counsel for the parties as also taking into account that the writ petitioner Dr. Ram Bilash Upadhyay assailing the order of his termination is no longer alive and right to sue will also not survive, it has to be held that this writ application as a whole has already abated and is accordingly dismissed. C.W.J.C. No.5712 of 2001. This writ application was originally filed by Dr. Ram Bilash Upadhyay for claiming payment of salary, but during 2 pendency of this writ application he had died on 1.10.2004 and was substituted by his wife, the present petitioner. As the right to sue for receiving payment of salary, if any, would still survive, this Court has heard the parties. This Court on 4.8.2006 had, in fact, considered this aspect for payment of salary admissible to the original writ petitioner and in this regard it had passed the order in the following terms:- “……..It is submitted by Mr. Banwari Sharma, counsel for the petitioner that in view of the statements made in paragraph 10 of the counter affidavit, the respondent authorities may be directed to pay the salary of the petitioner for the period he has actually worked. In paragraph 10 of the counter affidavit, it is stated that the government has decided to pay the salary of the petitioner for his actual working days and the same will be paid after taking the concurrence of the Finance department. In view of the statement made in paragraph 10 of the counter affidavit, respondent authorities are directed to pay the admitted salary of the petitioner within a period of three months from the date of receipt/production of a copy of this order.” Mr. Sharma learned counsel for the substituted petitioner or counsel for the State are not aware as to whether the substituted petitioner has been given payment of salary as has already been undertaken by the State in its counter affidavit. In that view of the matter, this application is disposed of with a direction to the respondents to pay the petitioner the admitted amount of salary payable to her husband, if not already paid, within a period of three months from the date of receipt/production of a copy of this order. 3 This application is accordingly disposed of with the aforementioned observation and direction. Abhay Kumar ( Mihir Kumar Jha, J.)