JUDGMENT :

Raja Basu Chowdhury, J.

1. At the very outset, it is submitted by the parties that consequent upon the Electricity Act, 2003 being notified, by a notification published in the Kolkata Gazette on 25th January 2007, the Governor, in exercise of powers under Sub-Section (4) of Section 131 of the Electricity Act, 2003, had been pleased to notify a Scheme for providing and giving effect to the transfer and vesting of all properties and all interests, rights and liabilities of the Board in the State Government and re-vesting thereof by the State Government in the West Bengal State Electricity Transmission Company (WBSETC) and West Bengal State Electricity Distribution Company (WBSEDC) along with other properties, interests, rights and liabilities of the State Government and for determining the terms and conditions on which such transfers or vesting or revesting shall be made.

2. By referring to the aforesaid notification it is submitted that consequent upon operation of the aforesaid scheme, the interest of the respondent no. 2 has been transferred to and is finally vested in the West Bengal State Electricity Distribution Company Limited (WBSEDCL). By relying on the aforesaid notification, Mr. Nandi, learned advocate appearing for the petitioner seeks leave to amend the cause title of the writ application by incorporating the name of West Bengal State Electricity Distribution Company Limited (WBSEDCL) in place and stead of West Bengal State Electricity Board (WBSEB).

3. Considering the submission made by the advocates for the parties, leave is granted to the petitioner’s advocate-on-record to correct the cause title of the writ application, by substituting the name of the respondent no. 2/ West Bengal State Electricity Board (WBSEB), with West Bengal State Electricity Distribution Company Limited (WBSEDCL).

4. The present writ application has been filed challenging an order of dismissal dated 19th July, 2004, inter alia, on the ground that the same was passed after the superannuation of the petitioner’s husband (hereinafter referred to as the “deceased employee”). It is the petitioner’s case that the deceased employee, namely, Biman Chowdhury was appointed in the post of peon by the West Bengal State Electricity Board (WBSEB) in the year 1972. At the relevant point of time, he was posted at Naihati electric supply office at Palbagan. In the year 1984, the deceased employee was transferred to the office of Naihati Division of the Board and was re-designated as selection grade peon.

5. The job of the deceased employee was a transferable job and on 19th September, 2000, he was transferred from Salt Lake to Jadavpur and had been working there. All on a sudden, on 1st August 2001 by order no. 135, he was placed under suspension for alleged defalcation of funds at Naihati Office. Subsequently, on 27th August, 2001, a charge sheet was issued against the deceased employee which was followed by a domestic enquiry. Before the enquiry proceedings could be concluded, the deceased employee reached the age of superannuation on 30th June, 2004. Subsequently, on 19th July, 2004, the deceased employee was served with a final order in the disciplinary proceedings, thereby awarding him with the following punishment:

1. “Dismissal from service and forfeiture of entire gratuity.

2. Suspension period in respect of Shri Biman Chowdhury is hereby confirmed. He will not earn anything beyond the subsistence allowance for the suspension period.”

6. Being aggrieved with the aforesaid order, the deceased employee during his life time had preferred an appeal before the Appellate Authority.

7. Before such appeal could be decided, said Biman Chowdhury died on 30th October, 2004. The factum of the death of the deceased employee was duly reported by the petitioner to the Secretary, West Bengal State Electricity Board, by a communication in writing dated 25th February, 2005 enclosing therewith a copy of the death certificate.

8. It is only thereafter, that the afore