SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Ker) 33283

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, Basant Balaji, JJ
C.P. Mullakoya – Appellant
Versus
Administrator, UT Of Lakshadweep – Respondent
OP (CAT) NO. 144 OF 2019



Important Points

A petition seeking appointment on deputation becomes infructuous and unnecessary for adjudication on merits once the petitioner has retired from government service, as the underlying relief sought can no longer be granted.

Subject

Service Law - Deputation and Retirement

Headnote

The petitioner challenged an order from the Central Administrative Tribunal regarding the denial of a deputation appointment, citing the absence of necessary clearance certificates. Upon review, it was observed that the petitioner has since retired from service, rendering the primary prayer for deputation infructuous as no further service-related relief can be granted. The core issue centers on whether a claim for deputation persists after the applicant has reached superannuation. The court determined that the intervening superannuation of the petitioner makes the consideration of the merits of the case unnecessary, as the primary relief sought cannot be effectively implemented. The Original Petition is closed with liberty granted to the petitioner to approach the court for a rehearing should any relevant issues persist.

Advocates:
For the Appellants/Petitioners: K.M. Firoz, Al Fayad, Jameel Ahammed M.S.
For the Respondents: Sajith Kumar V., Thomas Mathew Nellimoottil, K.S. Prenjith Kumar

Table of Content
1. superannuation renders claims for deputation appointment infructuous. (Para 1 , 2 , 3 , 4)

Devan Ramachandran , J.

Prima facie, we are of the view that the issues involved in this case have now become incapable and unnecessary for consideration on merits by this Court.

2. This is because, the petitioner, inter alia, sought appointment on deputation, relying upon various judgments of this Court; but we are told that he has now retired from service.

3. We notice that the learned Tribunal has rejected the petitioner's plea finding, amongst others, that his deputation to the post of Coconut Development Officer could not be considered since his parent office did not furnish Integrity Certificate, apart from Vigilance Certificate and Cadre Clearance Certificate.

4. When the petitioner has retired from service, we cannot see how he can claim any further relief, including through deputation.

We, therefore, close this Original Petition; however, leaving full liberty to the petitioner to seek a rehearing, if he feels that any further issues are still relevant.

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top