- (1.) I .A. No. 2281 of 2009: This application is for substitution of the legal heirs of the deceased Urmila Sinha, on the ground that the applicant Rajiv Kumar is the son of late Urmila Sinha and late Atmanand Sinha. It is stated that the writ petition out of which LPA 530 of 1999R had been filed was dismissed against which review petition had been filed by late Urmila Sinha claiming pensionary benefits of her late husband Atmanand Sinha claiming full pension for the period for which the deceased husband of the deceased Urmila Sinha was posted in a school and it was contended that it should be allowed to be pursued and contested by the son of the deceased Urmila Sinha and deceased Atmanand Sinha.
(2.) HOWEVER , we are of the view that the review petition ought to be treated as having abated, inasmuch as the right to sue does not survive or devolve upon the son of the deceased petitioner Urmila Sinha and deceased Atmanand Sinha. The claim for higher pension although might have been rightly raised by the deceased employee namely Atmanand Sinha, the claim raised by his deceased wife claiming higher pension for the deceased husband obviously abates after her death and the son of the petitioner cannot be held entitled to the pensionary benefits of his father on the ground that he was entitled to higher pension. Since the right to sue does not survive on the son of the deceased petitioner Urmila Sinha as also her deceased husband Atmanand Sinha, we reject this application filed by the son of the deceased Urmila Sinha for substitution. Civil Review No. 76 of 2008
(3.) SINCE the application for substitution of the heir of the sole deceased petitioner Urmila Sinha stands -rejected, this review petition has abated and consequently this civil review petition shall be treated as dismissed.;