Non-substitution of legal representatives after the death of the applicant results in abatement and closure of the proceedings.

The applicant, Rani Paul, a retired Junior Hindi Translator who had served under the Deputy Salt Commissioner, filed this Original Application (OA) seeking relief related to pay fixation and service benefits based on various Office Memoranda and precedents [Annexures A1–A13].

During the pendency of the proceedings, the applicant passed away.

Although the cause of action appeared to survive the death of the applicant, the legal representatives failed to appear or join the proceedings despite the matter being scheduled for hearing.

1. Whether the Original Application can proceed in the absence of legal representatives being brought on record following the death of the applicant.

2. Whether the cause of action survives, and if so, what is the procedural consequence of non-prosecution by legal heirs.

The Tribunal’s procedure is governed by the principles of natural justice and the Administrative Tribunals Act, 1985.

Generally, under civil procedural logic (analogous to Order XXII of the CPC), if a party dies and the right to sue survives, the legal representatives must be impleaded within the prescribed period to continue the litigation. Failure to bring legal heirs on record or their refusal to turn up results in the abatement or closure of the proceedings for want of prosecution.

The Tribunal noted that the applicant had expired during the litigation. Upon reviewing the reliefs sought (which pertained to pay fixation and financial benefits), the Coram observed that the cause of action survives the death of the applicant, as such claims typically benefit the estate or the legal heirs.

However, the counsel representing the deceased applicant informed the Tribunal that the legal representatives had not turned up to pursue the matter.

Since the necessary parties (legal heirs) failed to take steps to substitute themselves and prosecute the case, the Tribunal determined that the OA could not be adjudicated on its merits and had to be terminated procedurally.

The Tribunal recorded the submission of the applicant's counsel and ordered the Original Application to be closed. No costs were awarded.