JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. R.C. Saikia, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the Secondary Education Department.

2. Notice had been served on the respondent No.4 being the Principal of Tezpur Academy Higher Secondary School, Tezpur. But none appears for the respondent No.4. Considering it is a matter of 2014, we deem it appropriate to proceed with the hearing of the matter in the absence of the respondent No.4.

3. We have taken note of that the petition was instituted by Rabindra Nath Patangia claiming pensionary benefits for the services he had rendered during his service period. Rabindra Nath Patangia died on 08.11.2019 and on his death the present petitioner Smti. Bina Patangia has been substituted, being the legal heir of deceased Rabindra Nath Patangia. As it is a claim for pensionary benefit, the right to sue and to be sued of the deceased Rabindra Nath Patangia survived and therefore, we now take up the writ petition on behalf of Smti. Bina Patangia who is the legal heir of the deceased Rabindra Nath Patangia.

4. Rabindra Nath Patangia was appointed as a Lower Division Assistant in the respondent Tezpur Acad