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VIKAS BAHL
Kewal Kishore – Appellant
Versus
State of Punjab – Respondent
VIKAS BAHL, J.
1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 23.12.2021 (Annexure P-9) vide which promotion has been granted to the private respondents i.e., respondent Nos.3 to 5 notionally w.e.f. 01.08.1998, 01.12.1998 and 01.02.1998 respectively. Challenge has also been made to the order dated 10.08.2023 (Annexure P-15) passed by respondent No.2, vide which the claim of the petitioner filed vide representation dated 29.03.2023 (Annexure P-14) has been rejected.
2. Learned counsel for the petitioner has submitted that a perusal of the order dated 10.08.2023 (Annexure P-15) passed by respondent no.2 would show that the same is cryptic and non-speaking and no reference has been made to the detailed averments made in the representation dated 29.03.2023 (Annexure P-14) and no reference to any rule or regulation of the policy has been made while rejecting the case of the petitioner and has prayed that at any rate, the order dated 10.08.2023 (Annexure P-15) be set aside and respondent no.2 be directed to pass a fresh order, in accordance with law, after considering
Writ petition seeking implementation of prior court order is misconceived and not maintainable.
A petitioner has the right to withdraw a writ petition with the liberty to pursue alternative remedies in a competent civil court.
The court upheld the principle that a case becomes infructuous when there is no surviving issue for consideration.
A writ petition can be deemed infructuous if the challenged action has been withdrawn following prior judicial orders.
The court dismissed a writ petition based on the principle of judicial consistency, finding that the issues raised were already adjudicated and upheld in a prior decision of a Co-ordinate Bench invol....
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