JUDGEMENT
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(1.) A prayer for adjourn ment is sought for on the ground that since the petitioner has died, this case should go out of list for purposes of substitution of the legal representative of the petitioner.
(2.) THE petitioner has impugned a communication of the Registrar, Meerut University, made to the Principal of M. M. H. College, Ghaziabad as contained in his letter dated 4-9-1990, a copy of which has been appended as Annexure-2 to the writ petition. THE impugned com munication reads thus: - "the Principal 4-9-90 M. M. H. College, Ghaziabad. Dear Sir, Sri K. B. Mathur Lecturer in English of your college has brought to the notice of the Vice Chancellor that the charge of the depart ment of English has not been handed over to him, though he is the senior most lecturer in the department after the retirement of Sri S. Pal on 6-7-90. In this connection I am directed by the Vice-Chancellor to inform you that a senior most teacher who retires in the mid session cannot continue to hold the charge of the department after the date of his retirement though he will continue in the service till 30th June next. As such the charge of the department be handed over to the next senior most teacher. Yours faithfully Sd/- (VB. Bansal) Registrar. " 2. A perusal of the aforementioned communication shows that the Registrar was directed by the Vice- Chancellor of the University to inform the Principal of the college in question that a senior most teacher, who retires in the mid session cannot hold the charge of the department after the date of his retirement though he will continue in the service till 30th June next and as such the charge of the depart ment be handed over to the next senior most teacher.
The question, therefore, falls for our consideration at the moment is as to whether the cause of action, if any, was personal to the petitioner and abates with his daeth the Apart from the fact that the learned counsel for the petitioner is not in a position to tell us as to on what date really the petitioner had died, he is also not in a position to convince us that this alleged cause of action is heritable by the legal representative of the deceased petitioner. In this backdrop we do not con sider expedient to adjourn this case. Since the petitioner is deadand according to us the cause of action was purely personal, we are of the view that this writ petition abates and is dismissed as such but without there being any order as to cost. Petition dismissed. .;
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