V. Shekar, v. The Superintending Engineer,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.25164 of 2005 ORDER:

Present Writ Petition is filed under Article 226 of the Constitution of India seeking to declare that the petitioner is eligible and entitled for selection and appointment to the post of Junior Linemen under the control of the respondent as per his past experience and qualifications as per the present notification issued by the 2nd respondent, by holding the action of the respondents in not permitting him for selection process to the post of Junior Linemen on the sole ground that he is over aged as on 25.10.2005 as illegal, arbitrary, discriminatory and subversive of Articles 14 and 16 of the Constitution of India. Heard.

On 25.11.2005, this Court passed an interim order in WPMP No.32356 of 2005 directing the respondents to consider the case of the petitioner for appointment to the post of Junior Linemen pursuant to the present notification issued by the second respondent notifying the vacancies of Junior Linemen in Karimnagar District, without reference to the fact that the petitioner has crossed the upper age limit of 25 years as on 30.09.2005.

Learned counsel for the petitioner is unable to inform this Court the outcome of the interim direction of this Court.

It is to be noted that by virtue of interim order of this Court dated 25.11.2005, the respondents must have either considered or rejected the case of the petitioner for appointment to the post of Junior Linemen. If the case of the petitioner was considered by the respondents, nothing survives for consideration in this case. If the case of the petitioner was rejected by the respondents, remedy available to the petitioner is to challenge the said rejection order. Hence, nothing survives for adjudication at this length of time. However, the petitioner is at liberty to avail the remedies, if any, available under law. With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petition pending in this writ petition, if any, shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR 17.09.2016 sur