A writ petition seeking a direction to continue in service until a specific age becomes infructuous if the petitioner attains that age during the pendency of the litigation without interim protection.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue a Writ of Mandamus declaring the impugned action of Respondents in treating the Helper in TTD services as not entitled to continue till attaining the age of 60 years and consequently issuing the further impugned orders of retirement of petitioner at the age of 58 years w.e.f. 31.1.2012 vide proceedings of 2nd Respondent in ROC N. TL8/2616/2013 dt. 28.4.2013 as nonest in the eye of law, contrary to law, illegal and without jurisdiction and violative article 14 of the constitution of India and consequently direct the Respondent to continue the petitioner in service till the age of 60 years for retirement and grant will al consequential reliefs and benefits and to pass

IA NO: 1 OF 2013(WPMP 34808 OF 2013

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondents to continue the petitioner in service till 60 years of age of suspending the impugned proceedings in ROC No. TL8/2616/2013 dt. 28.4.2013 pending disposal of the above writ petition and to pass

The Court made the following:

ORDER:-

There is no representation for the petitioner today.

2. Sri N.V.S.Prasada Varma, learned Standing Counsel appearing for the respondents submits that the cause in the writ petition would not survive any further on account of efflux of time. The petitioner was aged about 59 years when the writ petition was filed and he sought a direction for continuing his services in the respondent corporation, in the respondent as a helper till he attains the age of 60 years and further direction to treat the impugned orders of retirement of the petitioner at the age of 58 years with effect from 31.01.2012 as a nullity. No interim orders were passed when the writ petition was admitted. As such the writ petition has been rendered infructuous as the petitioner was not engaged by the respondent authorities beyond the date of his superannuation.

3. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.