The Hon'ble High Court dismissed a Government's writ petition seeking to quash the Tribunal's order directing the absorption of a surplus employee as infructuous. The respondent had already been absorbed and subsequently retired during the pendency of the petition.
Writ petition dismissed as infructuous.
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HON’BLE SRI JUSTICE G. CHANDRAIAH &
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
W.P.No. 24796 of 2004
DATE: 23.11.2015
Between:
Administrator-cum-Chief engineer and three others .. Petitioners And
B.Bhaskar .. Respondent
O R D E R:- (per Hon’ble Sri Justice G. Chandraiah)
This writ petition is filed by the Government seeking to quash the order dated 03.02.2003 in O.A.No. 3252 of 1995 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity “the Tribunal”).
The respondent-applicant was appointed as Typist in the year 1980 in Irrigation Department, and subsequently, in 1987, the Department was disbanded by virtue of the orders issued by the Government in G.O.Ms.23, dated 23.02.1987, thus, he was rendered surplus. Thereafter, in pursuance of the order dated 08.03.1994 passed by the 4th petitioner-Commissioner of Commercial Taxes permitting the Commercial Taxes Department to absorb surplus staff of other departments, who possess qualification of degree, the 2nd petitioner-District Collector sought consent of the 3rd petitioner-Deputy Commissioner of Commercial Taxes to absorb the respondent in Commercial Tax Department as he was not interested to work in Revenue Department. After examining the case of the respondent, the 4th petitioner, by proceedings dated 17.06.1995 addressed to the Personal Secretary to the
Hon’ble Minister for Mines and Geology, rejected the case of the respondent, Typist, as he is under-graduate. Challenging the proceedings dated 08.03.1994 and 17.06.1995 of the 4th petitioner, the respondent filed O.A.No. 3252 of 1995, and the Tribunal, vide order dated 03.02.2003, while disposing of the application, directed the 4th petitioner to pass necessary orders absorbing the applicant if he is eligible for being considered as per his seniority and availability of the posts. Hence, the Government has filed the present writ petition seeking to quash the order of the Tribunal.
When the matter is taken up for hearing the learned Government Pleader for Services-II appearing for the petitioners has submitted that during pendency of the writ petition, the respondent-applicant was absorbed in the Treasury Department, and subsequently, he retired from service, as such, the subject matter of this writ petition has become infructuous.
The submission of the learned Government Pleader is placed on record, and the writ petition is dismissed as infructuous.
As a sequel to the dismissal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
_________________ G. CHANDRAIAH, J
23.11.2015
bcj
U.DURGA PRASAD
RAO,J
Administrator-cum-Chief engineer and three others
G. CHANDRAIAH
U.DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
