Court No. - 34
Case :- WRIT - A No. - 48611 of 2002 Petitioner :- Saleem Ahamad Respondent :- Director Chief Secretary, Health And Family Welfare & Ors Counsel for Petitioner :- S.K. Mishra Counsel for Respondent :- C.S.C.
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 mandamus directing the respondents to consider the representation of the petitioner by speaking order on the basis of dying in harness Rules.
(i) issue a writ order or direction in the nature of mandamus directing the respondents to appoint the petitioner under the dying in harness rules on suitable post on which petitioner's wife was serving (Nurse Home Sister Warden) District Woman Hospital, Etah under the respondent No. 3.”
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 :- 21.12.2018 PS