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2026 Supreme(Online)(Mad) 38239

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Senthilkumar, J
Jayaseelan David – Appellant
Versus
Agricultural Production Commissioner and Secretary to Government – Respondent
W.P.No.44075 of 2016|W.P.No.44076 of 2016|WMP Nos. 37875 of 2016 to 37878 of 2016



Advocates:
For Petitioner(s): Mr.S.Kingston Jerold
For Respondent(s):Mr.S.J.Mohammed Sathik Government Advocate

Suspension order becomes infructuous upon revocation permitting retirement on superannuation date.

Headnote:The petitioner, an Agricultural Officer appointed in 1983, challenged orders denying retirement and imposing suspension on the date of superannuation under relevant government orders. The court noted invocation of Fundamental Rule 56(1)(c). Subsequent Government Order revoked suspension and permitted retirement. Issues framed as validity of suspension and retirement denial. Ratio: Suspension rendered infructuous by revocation order permitting retirement from superannuation date. Writ petitions dismissed as infructuous.

Table of Content
1. challenges to suspension and retirement denial orders. (Para 1 , 2)
2. petitioner's appointment and suspension on superannuation date. (Para 3)
3. petition dismissed as infructuous post revocation. (Para 5)

W.P.No.44075 of 2016 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records in connection with the order of not permitting for retirement passed by the 1st respondent in G.O.(3D) No.280 of Agriculture (AA2) dated 30.11.2016 and to quash the same as illegal and improper and consequently directing the respondents to permit the petitioner to retire with all benefits.

WP No. 44076 of 2016 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records in connection with the order of Suspension passed by the 1st respondent in G.O. (3D) No.278 of Agriculture (AA2) Department dated 29.11.2016 and to quash the same as illegal and improper and consequently directing the respondents to permit the petitioner to retire with all benefits.

For Petitioner(s): Mr.S.Kingston Jerold For Respondent(s): Mr.S.J.Mohammed Sathik Government Advocate

ORDER

W.P.No.44075 of 2016 has been filed to call for the records in connection with the order not permitting the petitioner to retire, passed by the 1st respondent in G.O.(3D) No.280 of Agriculture (AA2) dated 30.11.2016 and to quash the same and consequently to direct the respondents to permit the petitioner to retire with all benefits.

2.WP No.44076 of 2016 has been filed to call for the records in connection with the order of suspension passed by the 1st respondent in G.O. (3D) No.278 of Agriculture (AA2) Department dated 29.11.2016 and to quash the same as illegal and improper and consequently directing the respondents to permit the petitioner to retire with all benefits.

3.The Writ Petitioner was appointed as Agricultural Officer through direct recruitment on 20.10.1983 at Chennai. Thereafter, the writ petitioner was placed under suspension due to certain charges levelled against him. According to the petitioner, he was due to attain superannuation on 30.11.2016, however, he was placed under suspension on 30.11.2016 by the 3rd respondent.

Aggrieved by the said suspension, the present Writ Petition has been filed. 4.The learned counsel appearing for the petitioner submitted that the suspension order, which is the subject matter of the present Writ Petition has become infructuous, in view of the subsequent Government Order issued in G.O.(3D) No.27 Agriculture-Farmers Welfare (AA2) Department dated 11.03.2026. By the said order, the respondents, by invoking Fundamental Rule 56(1)(c), revoked the suspension and permitted the petitioner to retire from service with effect from the date of superannuation ie., 30.11.2016.

5.In view of the subsequent Government Order issued in G.O.(3D) No.27 Agriculture-Farmers Welfare (AA2) Department dated 11.03.2026, nothing survives for adjudication in this Writ Petition. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

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