JUDGEMENT
HONBLE CHANDRA DHARI SINGH,J. -
(1.)By means of the present petition, the petitioner has prayed for quashing the order Annexure 7 dated 18.03.2005 passed by respondent no.2 and also to command the respondents to treat the petitioner in continuous service along with consequential service benefits.
(2.)During the pendency of the present writ petition, the sole petitioner had died on 30.01.2011 and his legal heirs have already been substituted vide order dated 12.03.2013.
(3.)Brief facts of the case are that the deceased petitioner was appointed on daily wage basis on class IV post on 20.09.1992 and later on his services were confirmed along with other persons vide its order dated 20.08.2001. A show cause notice dated 17.06.2004 was issued to the petitioner seeking his explanation that the services of the petitioner were not in accordance with rules and why the same may not be cancelled. The deceased petitioner submitted his reply to the show cause notice on 05.07.2004 and without considering the reply, the impugned order dated 18.03.2005 cancelling the appointment of the petitioner has been passed.
With this background, learned counsel for the petitioner has submitted that when this petition was taken up at the first instance, this Hon'ble Court has been pleased to stay the operation of the impugned order dated 18.03.2005 and in pursuance to the interim order, the deceased petitioner was continuing in service till his death on 30.01.2011 before the date of superannuation.
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