A Junior Engineer challenged an order dated 18.12.2021 seeking to continue his services at a BESCOM customer complaint service centre. The court noted he had attained superannuation on 31.05.2023 and dismissed the petition as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 27 OF 2022 (S-TR)
BETWEEN:
SAYED ANWAR S/O SAYED GHOUSE AGED ABOUT 59 YEARS, WORKING AS JUNIOR ENGINEER (ELE) 24/7 CUSTOMER COMPLAINT SERVICE CENTRE CITY SUB DIVISION-I BESCOM DAVANAGERE-577 002.
…PETITIONER
(BY SRI. VIRUPAKSHAIAH P H., ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:6826 WP No. 27 of 2022
…RESPONDENTS
(BY SMT. RAKSHITHA.D.J., ADVOCATE FOR R-1 TO R-4; R-5 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED.18.12.2021 VIE ANNEXURE-D PASSED BY THE R-2 AUTHORITY AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE IMPUGNED ORDER DATED.18.12.2021 VIE ANNEXURE-D PASSED BY THE R-2 AUTHORITY AND DIRECT THE RESPONDENT AUTHORITIES TO CONTINUE THE SERVICES OF THE PETITIONER AS JUNIOR ENGINEER (ELE) 24/7 CUSTOMER COMPLAINT SERVICE CENTRE CITY SUB DIVISION-I BESCOM DAVANAGERE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the respondents has brought to
the notice of this Court that petitioner has attained the age
of superannuation on 31.05.2023.
Submission is taken on record.
Petition is dismissed as having become infructuous.
NC: 2024:KHC:6826 WP No. 27 of 2022
The pending interlocutory application, if any, does not survive for consideration and stands disposed of
accordingly.
Sd/JUDGE
CA List No.: 2 Sl No.: 10
1 issue framed by the court
Whether the challenge to the order dated 18.12.2021 remained maintainable given the petitioner's superannuation on 31.05.2023?
1 provisions across 1 enactments
Sayed Anwar S/o Sayed Ghouse
The Managing Director KPTCL
The General Manager (Administration and Human Resources) Corporate Office BESCOM
Superintendent Engineer (Ele) O and M Circle, BESCOM Davanagere
Assistant Executive Engineer City Sub Division-I BESCOM Davanagere
Smt. Geethamma A S
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
