Chandan Singh Rajput (Died) Through Smt. Leela Bai Vs The State Of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCC, 1164 of 2015, Judgment Date: Jun 26, 2015

MCC-1164-2015
(CHANDAN SINGH RAJPUT (DIED) THROUGH SMT. LEELA BAI Vs THE STATE OF MADHYA
PRADESH)
26-06-2015
Shri Himanshu Mishra, learned counsel for the
appellants.
Shri Pushpendra Yadav, learned Govt. Advocate on
advance notice for the respondents/State.
Applicants are Legal heirs of late Chandan Singh Rajput.
Applicant No.1 Smt.Leela Bai is his wife and applicant
No.2 and 3 are his sons. Late Chandan Singh Rajput has
filed Writ Appeal No.109/2013 challenging the order
passed on 20/12/2012 by the writ Court in the matter of
grant of certain service benefit to him pertaining to
fixation of seniority allotment of provident fund number,
deduction of provident fund and pay fixation in
appropriate pay scale. When the writ appeal was
pending it seems that Chandan Singh Rajput died in
harness on 4.6.2013 repeatedly time was granted to the
Legal heirs to be brought on record but the Legal heirs
could not come on record therefore, the writ appeal was
dismissed in view of the peremptory order passed on
24.2.2014 account to the fact that Legal heirs have not
brought on record.
This application for restoration is not filed as indicated
herein above by the legal heirs of late Chandan Singh
Rathor. They say that they were not aware about the
pendency of the matter. The communication made by the
counsel was not received by them and after the
communication was received they contracted the counsel
and initiated these proceedings. In the meanwhile, the
appeal is dismissed by the office, in view of the
peremptory order passed by the Court on 24.2.2014. This
submits that the delay and the default occurred because
of lack of knowledge on the part of the Legal heirs.
Keeping in view the facts and the circumstances of the
case, we allow this application for the restoration so also
the prayer made in I.A.No.6861/2015 for bringing the
Legal heirs on record and restored Writ Appeal
NO.109/2013 to original file.
The writ appeal be placed for ordered before the
appropriate Bench.
The Writ appeal is allowed and application stands
disposed of with the aforesaid.
C.C. as per rules.
(RAJENDRA MENON)
JUDGE                              (VANDANA KASREKAR)
                                               JUDGE