Court No. - 34
Case :- WRIT - A No. - 8464 of 1996 Petitioner :- Hari Shanker Kulshrestha Respondent :- Union Of India And Others Counsel for Petitioner :- D.P. Singh,Avinash,R.K.Nigam Counsel for Respondent :- S.S.C./U.N. Sharma,S.K.Chaturvedi
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of petitioner.
2. By means of the present writ petition, petitioner has sought the following reliefs:
"(i) issue a writ, order or direction in the nature of writ of certiorari quashing the resolution dated 13.9.1995 (Annnexure 3) and the consequential order dated 13.9.1995 (Annxure 4) passed by the Cantonment Board (Respondent no. 3) compulsorily retiring the petitioner from his services as Surveyor/ Draftsman, Cantonment Board, Babina Cantt. District Jhansi and also appellant order dated 27.11.1995 (Annexure 7) which was served on the petitioner on 7.12.1995 by communication dated 30.11.1995 made by Cantonment Executive Officer, Babina passed by GOC-IN-CHIEF (Respondent no. 2).
(ii) issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to re-instate the petitioner on the post of Surveyor/Draftsman, Cantonment Board, Babina Cantt. District Jhansi and to treat the petitioner as a regular employee for all purposes till the age of petitioner's superannuation.
(iii) issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to pay all the dues to the petitioner accrued in the past and also the future dues till date of superannuation treating the petitioner as a regular employee for all purposes."
3. However, I have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or that petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
6. Sri S.K. Chaturvedi, Advocate is present for respondents.
Order Date :- 26.7.2018 AK