IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2805 of 1997 ====================================================== Janki Sao, son of late Keshwar Sao, residence of Mohalla-Rajendra Nagar, P.S.-Kadamkuan, District-Patna. ....... Petitioner. Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Building Construction and cum Housing Department having his office in Nirman Bhawan, P.s.-Shastri Nagar, District-Patna. 2. The Bihar State Housing Board through the Managing Director, having his office at 6 Mangles Road, P.S.-Sachivalaya, District-Patna. 3. The Secretary, Bihar State Housing Board having his office at 6 Mangles Road, P.S.-Sachivalaya, District-Patna. 4. Accountant General, Bihar (A & B)-II, having his office at Birchand Patel Path, P.S.-Sachivalaya, District-Patna. .... .... Respondents. ====================================================== 2 12.05.2011 No one appears on behalf of the petitioner. Counsel for the Housing Board is present. In this writ application following reliefs: 3(a) That the respondent no.1 be directed to consider the case of regularization of service of the petitioner with effect from 22.10.1984 as Jeep Driver on the basis of Government Resolutions, dated 23.10.1987 and 20.09.1990 issued by Finance Department as well as on the basis of order of this Hon'ble Court dated 16.11.1995 passed in C.W.J.C. No.3270 of 1994. 3(b) That consequently to petitioner's regularization the respondent be directed to pay all post retiral benefits to the petitioner and issue sanction order for the same. would no longer survive, in view of the fact that the sole petitioner is said to have died on 24.5.1998. Regularization of service of the petitioner after his death, would be wholly impermissible in law and therefore this Court would also not allow the prayer for substitution of the heirs and legal representatives of the sole petitioner made in I.A. No.8963 of 1998, inasmuch as the right to sue would not survive to them, in view of the limited prayer of regularization of service of the petitioner. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. PN (Mihir Kumar Jha, J.)