M.Thangavelu, v. The Secretary (E),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.No.1 of 2011 M.THANGAVELU ... Petitioner Vs.

1. THE SECRETARY (E), RAILWAY BOARD, RAIL BHAVAN, NEW DELHI.

2. THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, RAIL BHAVAN, NEW DELHI.

3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI-3.

4. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, GENERAL MANAGER OFFICE, CHENNAI-3.

5. THE CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, VI FLOOR, MOORE MARKET COMPLEX, CHENNAI-3.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the respondents in connection with the impugned order passed by the 5th respondent in No.X/P.534/Gazt/P&TP/11-2 dated 20.09.2011 and quash the same and further direct the respondents to relieve the petitioner from the post of Inspector of Police, Railway Protection Force, AC Loco, Arakonam, in order to enable him to join in the promotional post as Asst Security Commissioner, IX RPF Bn. Dadagiri, Haryana.

For the Petitioner : Mr.M.Muthappan, Senior Counsel Assisted by Mr.T.Ayngaraprabhu For the Respondents : Mr.M.Vijay Anand Standing Counsel

O R D E R

The Writ Petition is filed challenging the order of the 5th respondent in No.X/P.534/Gazt/P&TP/11-2 dated 20.09.2011, whereby the prayer to relieve the petitioner from the post of Inspector of Police, Railway Protection Force, AC Loco, Arakonam and to join in the post of Asst Security Commissioner, IX RPF Bn. Dadagiri, Haryana, was refused on the ground that there was a Criminal Appeal pending against the petitioner.

2.Now, when the Writ Petition is pending, it is represented by the learned counsel for the petitioner that the petitioner has superannuated from service in the year 2013 itself. Therefore, nothing survives for further adjudication in this matter.

3.In view of the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as having become infructuous. No costs. Consequently connected miscellaneous petition is closed. 30.11.2023 Jer Index:Yes Speaking Order: No To

1. THE SECRETARY (E), RAILWAY BOARD, RAIL BHAVAN, NEW DELHI.

2. THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, RAIL BHAVAN, NEW DELHI.

D.BHARATHA CHAKRAVARTHY , J., Jer

3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI-3.

4. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, GENERAL MANAGER OFFICE, CHENNAI-3.

5. THE CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, VI FLOOR, MOORE MARKET COMPLEX, CHENNAI-3.

30.11.2023