Case Note & Summary
The petitioner, J.K. Yokaraaj, an Assistant Executive Engineer in the Rural Development and Panchayat Raj Department, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court. He sought a writ of certiorarified mandamus to quash the order dated 22.8.2016 issued by the second respondent (Commissioner of Rural Development and Panchayat Raj) and to direct the respondents to promote him retrospectively from 31.3.2010 as Executive Engineer with all attendant benefits including notional fixation of seniority, pay fixation, and arrears. During the pendency of the petition, the learned Additional Government Pleader, Dr. S. Suriya, submitted that the petitioner had already been promoted as Executive Engineer vide G.O.(D).No.50, Rural Development and Panchayat Raj (E3) Department dated 12.02.2024. The counsel for the petitioner, Ms. T. Hemalatha, acknowledged this fact. Recording these submissions, the court held that nothing survives in the writ petition and disposed it of without any order as to costs. The connected miscellaneous petition was also closed.
Headnote
A) Service Law - Promotion - Retrospective Promotion - Writ Petition - The petitioner sought a writ of certiorarified mandamus to quash an order and direct retrospective promotion from 31.3.2010 as Executive Engineer with all benefits. During pendency, the petitioner was promoted vide G.O.(D).No.50 dated 12.02.2024. The court recorded the submissions and disposed of the petition as nothing survives. Held that the petition is disposed of as infructuous. (Paras 2-3)
Issue of Consideration
Whether the writ petition seeking retrospective promotion survives when the petitioner has already been promoted during the pendency of the petition
Final Decision
Writ petition disposed of as nothing survives; no costs; connected WMP closed
Law Points
- Writ petition becomes infructuous when the relief sought is granted during pendency
- No costs order when matter is disposed of on submission of parties
