- (1.) The instant interlocutory application has been filed under Rule 96 of the Jharkhand High Court Rules, 2001 to implead the legal heir of the original writ petitioner as party respondent as the original writ petitioner died during pendency of the writ petition and no steps has been taken for substitution of the writ petitioner by his legal heir during pendency of the writ petition.
(2.) It is evident from the order dated 24.10.2019 that notice on interlocutory application being I.A. No.1355 of 2018 was directed to be issued by Division Bench of this Court and in pursuance thereto Mr. Shailesh, learned counsel has put his appearance to represent the respondent herein namely Indrasani Devi who has raised no objection to the interlocutory application.
(3.) This Court having heard learned counsel for the parties and considering the nature of dispute involved in this case which pertains to disbursement of back wages for the period from 01.07.2011 to 05.11.2011 in favour of the original petitioner namely Lerha Harijan. Since the sole respondent being the widow of the deceased namely Lerha Harijan, who is now being represented by Mr. Shailesh, learned counsel has got right to sue and in view thereof the prayer made in the interlocutory application is allowed. Accordingly, I.A. No.1355 of 2018 stands allowed. L.P.A. No.41 of 2018 ;