The Union Of India And ORS v. Prem Prasad Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16320 of 2013 ===========================================================

1. The Union of India Through The Secretary, Government of India, Ministry of Communication, Department of Posts, Sanchar Bhawan, New Delhi

2. The Director General of Post, Ministry Communication, Department of Post, Government of India, Sanchar Bhawan, New Delhi

3. The Chief Post Master General, Bihar Circle, Patna

4. The Director, Postal Service ( HQ ), Office of The Chief Post Master General, Bihar Circle, Patna

5. The Chief Postmaster, Patna G.P.O., Patna

6. The Senior Superintendent of Post Offices, Munger Postal Division, Munger .... .... Petitioner/s

Versus

1. Prem Prasad Sharma, Son of Ganauri Prasad Sharma, Accountant, Patna GPO, Patna

2. Mahanad Sharma Son of Late Satya Naryan Sharma, A.P.M. ( Accounts ) Under Munger Postal Division, Munger

3. Sushil Kumar Son of Late Ram Chandra Naryan Sinha, Accountant, Under Munger Postal Division, Munger .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, A.S.G. For the Respondent/s : None. =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 02-07-2015 Notices were issued to the respondents, who are the only contesting respondents. Notices having been validly served, they chose not to appear.

Learned counsel for the Postal Department, petitioners, submits that they have no cause to appear any more because pursuant to the order of the Tribunal, which is under

Patna High Court CWJC No.16320 of 2013 dt.02-07-2015 2/2 challenge, they were allowed to appear in the Departmental examination for promotion though the stand of the Department was that they were not entitled to appear in the examination. Having appeared in the examination, all three of them have failed to make the mark. Thus, the order of the Tribunal serves no purpose. It has out lift its utility.

In that view fair stand taken by the learned counsel, we do not pass any final orders because in our view the writ petition has virtually become infructuous. It is disposed of as such. (Navaniti Prasad Singh, J.) (Rajendra Kumar Mishra, J.) Shail/- U