Court No. - 34
Case :- WRIT - A No. - 14284 of 2003 Petitioner :- Madan Mohan Malviya Engineering College Respondent :- State Of U.P. Thru' Its Principal Secretary,U.P.& Ors. Counsel for Petitioner :- K.M. Mishra Counsel for Respondent :- C.S.C.,Ramesh Upadhyaya 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, order or direction in the nature of certiorari quashing the order dated 24.4.2001 (Annexure 7 to the writ petition) in so far it suspends/stops the benefit of encashment of earned leave in respect of retired employees of the Madan Mohan Malviya Engineering College, Gorakhpur.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the encashment of the earned leave to the retired staff of the Madan Mohan Malviya Engineering College, Gorakhpur as is been admissible to the government employees.
(iii) Issue such other and further writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case of petitioner.
(iv) Award cost of the petition in favour of the petitioner."
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
Manish Himwan