HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 29437 of 2011 Court No. - 38 HON'BLE DONADI RAMESH, J. Re: Civil Misc. Substitution Application No. 05 of 2025 1. Heard learned counsel for the applicant and have perused the application. 2. This is an application for substitution of legal heirs of sole petitioner- Santosh Kumar, who died on 21.08.2025. 3. Application is allowed. 4. Let name of sole petitioner-Santosh Kumar be struck off from the array of parties and in his place names of his legal heir/representatives as mentioned in prayer clause of the application be substituted. Re: Writ Petition 1. Initially, the husband of the petitioner was appointed in fifth respondent- institution pursuant to the advertisement made on 28.09.1997. On 7.10.1997, the fifth respondent has forwarded proposal for appointment to the District Inspector of Schools, Jaunpur and subsequently, he joined his duties on 15.10.1997 and were continued on the said post. The District Inspector of Schools, Jaunpur vide letter dated 18.05.1998 has granted approval and accordingly, the respondents have released salaries to the petitioner and he continued on the said post. But surprisingly, vide impugned order dated 30.11.2010, respondents have stopped payment of salary to the petitioner. Assailing the same, present writ petition has been filed. 2. Considering the submissions made and on perusal of record, this Court has passed following interim order on 24.05.2011: Versus Counsel for Petitioner(s) : S.K. Mishra Counsel for Respondent(s) : C.S.C. Santosh Kumar .....Petitioner(s) State of U.P. and Others .....Respondent(s) "Heard learned counsel for the petitioner and learned Standing Counsel for respondents no. 1 to 4. After the District Inspector of Schools, Jaunpur granted permission to open three additional sections in Primary Section of the institution in question, the vacancy was advertised after following due procedure prescribed by law. Petitioner claims that he was appointed as Assistant Teacher. The appointment of the petitioner is stated to have been duly approved by the District Inspector of Schools vide order dated 18.5.1998 and thereafter, he was being regularly paid salary. It is contended by learned counsel for the petitioner that by means of letter dated 30.11.2010 the District Inspector of Schools has directed the Committee of Management to submit the bill of five Assistant Teachers only who were working on the post sanctioned on 26.3.1990 and the petitioner is being deprived of the salary. It is further contended that once the District Inspector of Schools granted permission for additional sections any teacher appointed in pursuance thereof is entitled to payment of salary from the State Government without there being any creation of additional post. Reliance in support of the contention has been placed on a judgment of learned single Judge in the case of Committee of Manager, V.K. Higher Secondary School & another vs. State of U.P. & others, [2004(3) UPLBEC 2892]. Prima-facie there appears to be force in the contention and the petitioner is entitled to interim order. Learned Standing Counsel representing respondents no. 1 to 4 may file counter affidavit within six weeks. Issue notice to respondent no. 5 who may also file counter affidavit within the same period. Steps be taken by registered post within ten days. Office shall issue notices returnable at an early date. List after service of notice on respondent no. 5. Until further orders of this Court, regular monthly salary of the petitioner as and when falls due shall be ensured by the State respondents." 3. Consequent to the abovesaid directions, respondents have released salary. During pendency of the writ petition, the petitioner has died on 21.8.2025 and subsequently, wife of the petitioner has filed substitution application as his legal heir. 4. In view of such circumstances, as the petitioner is no more, nothing survives in the writ petition to decide. Accordingly, the writ petition is disposed of with further direction to the respondents to consider the case of the substituted petitioner for release of arrears of salary and all other post death benefits for which she is entitled, as per rules. The said exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. September 25, 2025 Noman WRIA No. 29437 of 2011 2 (Donadi Ramesh,J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad