Court No. - 34
Case :- WRIT - A No. - 26977 of 2001 Petitioner :- Kamalesh Kumar Dubey Respondent :- M.D./Chairman Mill,U.P.Co-Op. Spinning Mills Fed.Ltd. & Ors.
Counsel for Petitioner :- R.C. Shukla Counsel for Respondent :- R.K. Ojha,SC
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
"i. issue a writ of certiorari, quashing the impugned transfer order dated 25.5.2001, and relieving order dated 20.6.2001, passed in pursuance thereof and the order dated 21.6.2001, passed by the Respondent No. 3, (Annexure No. 8, 9 & 10) to the writ petition.
ii. issue a writ of mandamus, commanding the respondent no. 1, 2 and 3 either not to interfere in the working of the petitioner as Junior Engineer (Civil) at U.P. Sahakari Katai Mill Ltd. Fatehpur or permit him to join his duties at Purvanchal Sahakari Katai Mill Ltd. Bahadurganj, in pursuance of earlier transfer order dated 8.5.2001.
iii. Issue a writ of mandamus commanding the respondent No. 1 and 2 to pay petitioner salary due since earlier transfer order dated 8.5.2001, till date and continued the same as and when the same is due month to month."
3. I myself 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 the 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.
Order Date :- 27.4.2018 Siddhant Sahu