Chintala Kanakaiah v. The Singareni Collieries Company Limited

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.31831 OF 2018 Dated:07.09.2018 Between:

Chintala Kanakaiah (EC.No.2550865), S/o. Mallaiah, aged about 59 years, Working as Tradesman (Helper), Area Workshop, Singareni Collieries Company Limited, Srirampur, Mancherial District .. Petitioner And The Singareni Company Collieries Limited, Rep., by its Chairman and Managing Director, Kothagudem, Bhadradri Kothagudem District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.31831 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for the Singareni Collieries Company Limited. 2.

Petitioner retired from service on attaining the age of superannuation on 31.08.2018. This Writ Petition is filed alleging that on 14.12.2017, petitioner made a representation to refer him to Medical Board to assess his fitness on the ground that he is suffering with various ailments, including low vision, for the last more than one year and therefore he should be retired from service on medical invalidation ground.

3.

Admittedly, petitioner worked till he attained the age of superannuation and retired from service on 31.08.2018. Once petitioner has already retired from service, the issue as to whether he is fit or not fit to discharge duties has no relevance and even if he is declared as fit, he cannot be continued in service beyond the age of superannuation. Thus, by the time the Writ Petition is instituted, the cause itself has not survived for adjudication. 4.

The Writ Petition is accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:07.09.2018 KH