The High Court of Chhattisgarh dismissed the writ petition challenging a 2008 transfer order as infructuous by efflux of time, noting the petitioner had since been terminated and had crossed superannuation age.
The writ petition is dismissed as being infructuous by efflux of time. Records to be kept with WPS No. 7039/2009.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5350 of 2008
Smt. V. Walter W/o. Shri H. Walter, Aged about 58 years, Assistant Teacher, Church of Christ Primary School, Kududand, Bilaspur, Chhattisgarh
---- Petitioner
Versus
| ---Respondents | ||
|---|---|---|
| For Petitioner | : | Mr. Soumya Rai, Advocate |
| For State | : | Mr. Dheeraj Wankhede, Govt. Advocate |
| For respective respondents | : | Mr. Gagan Tiwari,Advocate |
Hon'ble Shri Justice P. Sam Koshy
Order on Board
19/11/2018
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infructuous. However, the records of the writ petition shall be kept along with the records of the WPS No. 7039/2009, which is a petition preferred by the petitioner challenging the subsequent termination from service.
Sd/- (P. Sam Koshy) Judge
Ved
2 issues framed by the court
Whether a writ petition challenging a transfer order passed in 2008 is maintainable when the petitioner has since been terminated and crossed the age of superannuation.
Whether the writ petition has become infructuous by efflux of time due to lapse of nearly a decade since the impugned order.
Smt. V. Walter
State Of Chhattisgarh
District Education Officer, Bilaspur
Church of Christ Mission in India
Church of Christ Primary School, Kududand
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
