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Madras High CourtWP/12293/2005dismissed as infructuous

S. Nishath, v. The Director Of Municipal

2020-11-27Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.12293 of 2005 S.Nishath

...Petitioner

.Vs.

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai - 5.

2. The Director of Town Panchayat, Kuralagam, Chennai - 1.

3. The District Collector,

4. B.Baskaran Selection Grade Executive Officer, Thorapadi Special Village Panchayat,

5. M.Vasudevan Selection Grade Executive Officer, Kalambur Special Village Panchayat, TV Malai District.

...Respondents

PRAYER :

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent culminated in Na.Ka.No.11985/2003/A1 dated 05.06.2003 and quash the same and consequently direct the respondents 1 to 3 herein to promote the petitioner as Selection Grade Executive Officer and further promotion if any with all attendant and monetary benefits to the petitioner. For Petitioner : Mr.N.Sampath No appearance For Respondents: Mr.K.Magesh [for R1 to R3] Special Government Pleader Mr.M.K.Logasundar for M.Srividhya [for R4 & R5]

ORDER

This Writ Petition has been filed challenging the order of the second respondent in Na.Ka.No.11985/2003/A1 dated 05.06.2003, quash the same and consequently direct the respondents 1 to 3 herein to promote the petitioner as Selection Grade Executive Officer and further promotion if any with all attendant and monetary benefits to the petitioner.

2. When the matter is taken up for hearing today, there is no representation on behalf of the petitioner.

3. Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that during the pendency of the writ petition, the petitioner was promoted as Selection Grade Executive Officer vide order dated 10.11.2011 and subsequently, he retired from service on 30.04.2018 on attaining the age of superannuation. Therefore the writ petition became infructuous as nothing survives in the writ petition to be adjudicated upon further. He has also produced the copy of the Service Register of the petitioner which proves that the petitioner was promoted on 10.11.2011 and retired from service on 30.04.2018.

4. Considering the submission made by the learned Special Government Pleader, the change of circumstances and subsequent development, nothing survives in this writ petition for further adjudication. Accordingly, the Writ Petition stands dismissed as infructuous. No costs.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai - 5.

2. The Director of Town Panchayat, Kuralagam, Chennai - 1.

3. The District Collector,

4. The Selection Grade Executive Officer, Thorapadi Special Village Panchayat,

5. The Selection Grade Executive Officer, Kalambur Special Village Panchayat, TV Malai District.

+1cc to M/s.M.Srividhya, Advocate, S.R.No.38294 +1cc to the Government Pleader, S.R.No.38262 W.P.No.12293 of 2005 rr ii (22/12/2020)