IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1553 OF 2002 D. Swaminathan .....Petitioner V/s. The General Manager, BrihanMumbai Electric Supply and Transport and Ors. ..... Respondents. Mr.Sanjay Udeshi i/by M/s.Udeshi & Co., for the petitioner. Ms.Pooja Thorat i/by M/s.M.V.Kini & Co., for the respondents. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JUNE 15, 2009 P.C. 1. This petition has been preferred challenging the adverse remarks made in the service record of the petitioner, more particularly, in Annual Confidential Report of 2001. At the relevant time, the petitioner was serving as Chief Engineer Distribution (South). The learned counsel for the petitioner submitted that during the pendency of the petition, the petitioner has already died. 2. In view of this, since the matter is in connection with the adverse entry in the service record of the petitioner, the cause of action cannot be said to be continued in view of the death of the petitioner and this is not a case in which the heirs of the petitioner can continue with the challenge in the proceeding. The petition is accordingly abated in view of the death of the sole petitioner. 3. The learned counsel for the petitioner submitted that the 2 dependents of the petitioner are required to be paid retiral dues and other benefits such as, pension, gratuity etc. In our view, the respondents should consider the payment of retiral dues to the dependents of the petitioner as per rules and regulation, if not paid so far on the ground that this petition is pending. While disposing of this petition, the respondent No.1 is directed that whatever retiral dues which the heirs of the petitioner are entitled shall be paid to them as per rules and regulation and the dues of the petitioner can be calculated on the basis of the last post which the petitioner was holding at the time of his death. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)