Jnkvv., Jabalpur vs Dr.J.N.Seth & Ors. on 11 October, 2022

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Madhya Pradesh High Court

Jnkvv., Jabalpur vs Dr.J.N.Seth & Ors. on 11 October, 2022

Bench: Maninder S Bhatti

                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                          HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                                 ON THE 11th OF OCTOBER, 2022

                                              WRIT PETITION No. 5668 of 2001

                                   BETWEEN:-
                                   JNKVV., JABALPUR (MADHYA PRADESH)

                                                                                       .....PETITIONER
                                   (BY SHRI PRAVEEN DUBEY, ADVOCATE )

                                   AND
                           1.      DR.J.N.SETH & ORS. (MADHYA PRADESH)

                           2.      SHRI SANJAY SETH S/O SHRI DR.J.N.SETH
                                   DWARKA-5A, THEATRE ROAD,CANTT (MADHYA
                                   PRADESH)

                           3.      SMT. INDU SETH W/O J.N.SETH DWARKA-5A,
                                   THEATRE ROAD,CANTT (MADHYA PRADESH)

                           4.      DR.AJAY SETH S/O DR.J.N.SETH DWARKA-5A,
                                   THEATRE ROAD,CANTT (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                   (BY SHRI SANJAY SARWATE, ADVOCATE )

                                 This petition coming on for admission this day, th e court passed the

                           following:
                                                             ORDER

This is a petition assailing the order dated 29.05.1997 passed by the Controlling Authority under the Payment of Gratuity Act and also the order dated 26.02.2001 passed by the Appellate Authority under the Payment of Gratuity Act. The parties do not dispute that the employee Dr. J.N. Seth has expired during the pendency of the petition and the amount of gratuity was withdrawn by the deceased employee.

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 10/17/2022 1:16:45 PM 2

Though, the legal representatives of deceased employee have been brought on record but even if orders impugned are interfered by this Court, the service benefits already availed of by the deceased employee cannot be recovered from the legal representatives.

Thus, in the considered view of this Court, since the issue involved in the petition has rendered academic, it would be an exercise in futility to deal with the contentions of the parties on merit.

Accordingly, since the cause itself has rendered otiose, the present petition stands dismissed as infructuous.

(MANINDER S BHATTI) JUDGE Shub Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 10/17/2022 1:16:45 PM

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