- (1.) THE present writ petition had been preferred by the mother of the Baiju Ram, who was working as Home Guard under Superintendent of Police, Singhbhum West and became traceless since 13.9.1996 while he was on duty at Pandrabasi Chowk on the occasion of Jharkhand Band, for issuance of an appropriate writ, order or direction in the nature of mandamus, commanding upon the respondents to pay her death benefits and also to grant her appropriate compensation and further to appoint one of the family members of Baiju Ram for meeting out the family expenses.
(2.) LEARNED counsel for the respondents has drawn my attention to the order dated 22.1.2002, passed by this Court in earlier. writ petition being W.P.(S) No. 603 of 2002, filed by the petitioner Raj Kalia Devi for the similar relief, wherein, this Court observed that the son of the petitioner was traceless since 13th June, 1996 and seven years have not lapsed and, thus, no relief can be granted. However, direction was issued to the State to provide certain benefits in case of any such scheme and the entitlement of the petitioner. The present writ petition has been filed on 30.9.2003 after completion of seven years, which will certainly mean and include that the deceased being traceless for seven years will be deemed to have died.
(3.) DURING pendency of this writ petition, the sole petitioner, namely, Rajkalia Devi (mother of Baiju Ram), having died, Jasmati Devi, wife of Baiju Ram, being the legal heir of Baiju Ram, has filed I.A. No. 1872 of 2006 for substituting her name in place of deceased Rajkalia Devi (mother of Baiju Ram).;