Facts
K.K. Pavithran, a Gramin Dak Sevak Mail Deliverer, was the applicant in an Original Application before the Central Administrative Tribunal.
Source reference: no citationThe annexure list indicates that the application concerned a departmental order dated 26 January 2019, but the judgment does not set out the underlying claim or relief sought.
Source reference: no citationThe Tribunal recorded that the applicant had died before the hearing and that no legal representatives had been impleaded.
Source reference: para. 1Issues
Whether the Original Application could proceed after the applicant’s death when no legal representatives had been impleaded.
Source reference: para. 1Whether the Original Application should be closed as infructuous in those circumstances.
Source reference: para. 1Law Applied
The Tribunal cited no statute, precedent, or express legal test.
Source reference: para. 1It applied the procedural principle that an application may be closed as infructuous where the applicant has died and no legal representatives have been brought on record to pursue it.
Source reference: para. 1Reasoning
The Tribunal noted that the applicant had died “long before” and that his legal representatives had not been impleaded.
Source reference: para. 1In the absence of anyone on record to continue the proceedings, it concluded that the Original Application had become infructuous.
Source reference: para. 1Holding
The Tribunal held the Original Application to be infructuous.
The Tribunal closed it without costs.
Source reference: para. 2Original Court PDF
K K PAVITHRANvsTHE SECRETARY MINISTRY OF COMMUNICATIONS DEPT OF POST NEW DELHI
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