IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

I.A no.…………………… of 2018

IN

W.P. (S) NO. 4097 0F 2014

In the matter of:

An application under
Article 226 of the
Constitution of India.

And

In the matter of:

1. Maheshwari Prasad, Ex-meter Reader, electricity supply

Division, Simdega, Distt-Simdega, Jharkhand presently
Residing at Raja House, Near Mahabiur Choura, Langartoli
Gali, P.O- Bankipur, Patna (Bihar)

…………..Petitioner

Versus

1. Jharkhand State Electricity Board, Ranchi.

2. The Chairman, Jharkhand State Electricity Board,
Engineering Building, Dhurwa.
3. The General Mananger cum Chief Engineer, Jharkhand State
Electricity Board, Kusai Colony, Doranda, Ranchi.
4. The Electrical superintendent Engineer, Gumla Distt. - Gumla.
5. The Electrical Executive Engineer, Jharkhand State Electricity
Board, Bhalhi Road, Simdega.
 ……………….Respondent

To,
The Hon’ble Justice Dhirubhai Naranbhai Patel, the Chief
Justice of the High Court of Jharkhand and his other
companion judges of the said Hon’ble High Court.

An Application for Substitution

of Legal Heir of the Deceased
Petitioner name Late
Maheshwari Prasad

Most respectfully Sheweth:

1. This is an application for substitution of the Legal Heirs of

the deceased Petitioner namely Late Maheshwari Prasad in
the above stated Writ Petition bearing No. 4097 of 2014 who
died during the pendency of the above Petition.
2. That the above stated Petition filed by the deceased
Petitioner against the Respondents seeking.
a. For issuance of Writ in the nature of Certiorari for
quashing of the order No.- 30 dated 17-01-2006 passed
by respondents No.3 treating the period of suspension as
“Dies-non” and not treating it as on duty in blatant
violation of the Certified standing order applicable to
Jharkhand State Electricity Board, Ranchi.
b. For direction to the respondents authorities to allow
annual increment to the petitioner treating the period of
suspension as on duty in accordance with clause-28 and
29 of certified standing order under Industry
Employment Act, 1946 applicable to the J.S.E.B read
 with provisions of the model standing orders under the
Act.
c. For direction to the respondents to fix final pension on
the basis of increments drawn during the period
suspension treating it as on duty and pay full pension
with arrears as quickly as possible with interests.
d. For direction to the respondents to pay gratuity to the
petitioner on the basis of last pay drawn with increments
earned during the period of suspension which was done
arbitrarily, illegally and totally unwarranted as provided
under 28 of the certified standing order for B.SE.B/
J.S.E.B
e. For direction to the respondents for revocation of the
order of suspension passed on 05-08-2003 treating the
period of suspension as on duty and to make final
settlement of all retiral benefits like gratuity, leave
encashment, arrears of pension etc. as the respondents
have not passed orders for final pension based on the
above rule all retiral dues to be made.
3. That the Deponent craves to state that during the pendency
of the above stated Petition bearing No. 4097 of 2014, the
Petitioner Late Maheshwari Prasad, R/O: C/O Raja House,
Near Mahabir Choura, Langartoli Gali, P.O.- Bankipur,
Patna(Bihar), G.P.O, PS: Gardani Bagh, District: Patna-800
001, Bihar. He died on 07-01-2018 at Patna in support
whereof, the death certificate bearing No. 831193 issued by
Registrar, Department of Planning and Development and
Directorate of Economics and Statistics Government of
Bihar was filed on 09-01-2018 .
4. That the deponent further craves to state that the following
are the Legal Heirs of the deceased Petitioner namely Late
Shree Maheshwari Prasad:
 a. Manish Anand S/O Late Shree Maheshwari Prasad,
b. Kiran Sinha W/O Manish Anand.

All residents of House No.214 C/O- Raja House, Langartoli

Gali, P.O-BankiPore, P.S-KadamKuan, Patna-800004.

5. That it is further stated that all the Legal Heirs as stated

above reside at the same address as that of the deceased
Petitioner being R/O: C/O Raja House, Near Mahabir
Choura, Langartoli Gali, P.O.- Bankipur, Patna(Bihar)
6. That in the present circumstances, the above stated Legal
Heirs of the deceased Petitioner namely Late Shree
Maheshwari Prasad hereby pray that their name may be
substituted in place of the deceased Petitioner in the
present Substitution Petition.
7. That the present application is being filed bonafide and in
the interest of Justice.
It is therefore prayed that Your
Honour may graciously be
pleased to allow this
application by directing the
above Substitution of the
above Stated Legal Heirs of the
Deceased Petitioner as
Petitioner No. 1 & 2,
respectively in the place of Late
Shree Maheshwari Prasad as
proper and necessary party to
the present Substitution
Petition.

And/Or
 Pass such other Order/Orders
as Your Honour may deem fit
and proper.

And for this the deponent shall ever pray.

AFFIDAVIT

1. 1. Mr. _____________________, S/O Late Maheshwari Prasad,

R/O: C/O Raja House, Near Mahabir Choura, Langartoli
Gali, P.O.- Bankipur, Patna(Bihar)