JUDGMENT :

1. Heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Mr. P. Mahanta, the learned counsel appearing on behalf of the Appellant and Mr. P. S. Deka, the learned Senior counsel assisted by Mr. B. S. Deka, the learned counsel appearing on behalf of the Respondent No.5. I have also heard Mr. A. K. Sahewalla, the learned counsel appearing on behalf of the Respondent No.6. None appears on behalf of the Respondent Nos. 1, 2 and 3 on call.

2. The order dated 26.08.2022 shows that the service upon all the Respondents are complete. It is also seen that the LCR has been received.

3. Mr. R. S. N. Choudhury, submitted that he has filed the Vakalatnama on behalf of the Respondent No.4, but in the meantime the Respondent No.4 has expired. Before further proceedings with the appeal, it is required to be taken into account as to whether the Respondent No.4 needs to be substituted in the present facts and circumstances of the case. Taking into account that the Respondent No.4 is the mother of the deceased Late Mridul Kumar Dutta and her right to receive the pensionery benefits was only limited during her lifetime and does not devolved upon her legal representatives, the question