Allahabad High Court
RAM LALversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The Court held that the substitution application could not be allowed as the original petitioner was deceased, and therefore dismissed the writ petition.
Summary
Ram Lal filed a writ petition challenging the rejection of his application for regularisation of service and sought a certiorari and mandamus. He later died on 19‑11‑2014. A substitution application was filed in 2017 but the State respondents did not file a reply. The Court examined whether a substitution could be allowed when the original petitioner is deceased and found no merit. Consequently, the substitution application was rejected and the writ petition was dismissed.
Issues considered
- Can a substitution application be entertained when the original petitioner has died?
- Should the writ petition for regularisation be entertained after the death of the petitioner?
Subjects
- regularisation
- writ petition
- substitution
- death of petitioner
- delay condonation
- certiorari
- mandamus
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16381 of 2014
Ram Lal
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ganesh Datt Mishra, Jitendra Kumar
Srivastava, Sanjay Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 34
Sl. No. 33
HON'BLE ANISH KUMAR GUPTA, J.
Substitution Application No. 135115 of 2017 alongwith Delay Condonation
Application No. 135113 of 2017
1. Vide order dated 22.10.2019 the respondents were directed to file the
reply to the substitution application as well as to the delay condonation
application. No such reply has ever been filed by the State respondents.
2. The instant writ petition has been filed seeking following prayer:
"1. Issue a writ order or direction in the nature of certiorari quashing the
order dated 29.10.2013 rejecting the application of the petitioner for the
regularization, passed by Divisonal Director Social Forestry Division,
Fore Department District Basti (Annexure No. 1) to the writ petition.
2. Issue a writ order or direction in the nature of mandamus commanding
the respondents by directing them to consider the petitioner for
regularization of his service at least from the date of regularization of
service of junior i.e. they who were initially engaged subsequent to him;
followed by consequential benefits of the same"
3. The sole petitioner who claimed regularization has reportedly died on
19.11.2014. In such view of the matter, even if the substitution
application is allowed the substituted applicants cannot claim
WRIA No. 16381 of 2014
2
regularization. In view thereof this Court do not find any good reason to
allow the instant substitution application. Accordingly, the substitution
application is rejected.
4. Consequently, the writ petition is also dismissed.
(Anish Kumar Gupta,J.)
May 5, 2026
o.k.
Digitally signed by :-
OM KRISHNA CHOUDHARY
High Court of Judicature at Allahabad
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