Court No. - 34
Case :- WRIT - A No. - 40356 of 2001 Petitioner :- Shiv Kumar Mishra Respondent :- Basic Shiksha Adhikari Chitrakoot Counsel for Petitioner :- R.M. Saggi,Vikas Budhwar Counsel for Respondent :- C.S.C.,Ajay Kumar Pandey,Ramanuj Pandey,V.C.Misra
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 mandamus declaring the order of the Basic Shiksha Adhikari Chitrakoot dated 10.9.2001 illegal in so far as it refuses full payment of salary to the petitioner for the period subsequent to 5.5.2001.
(ii) issue a writ, order or direction in the nature of mandamus declaring the order of suspension dated 14.5.2001 as null and void and in-operative in the eyes of law being antidated and fabricated.
(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure payment of full salary to the petitioner for the period subsequent to 5.5.2001 irrespective of the order of suspension dated 14.5.2001, and the arrears in that regard may be directed to be paid within one month's of the production of the order of Hon'ble High Court.
(iv) issue a writ, order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, Chitrakoot to issue appropriate direction to the Branch Manager Allahabad Bank, Branch Kamasin to release the salary of the petitioner which has already been credited in his account.”
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.
Order Date :- 23.8.2018 AK