Case Note & Summary
The writ petition WP No. 16422 of 2024 was filed by G. Kamalakannan against the Joint Registrar of Co-operative Societies, challenging a suspension order dated 30.05.2024 and a subsequent order dated 31.05.2024 that prevented him from retiring. The petitioner sought a writ of Certiorarified Mandamus to quash these orders and to allow his retirement along with monetary benefits and pension with interest. During the proceedings, the petitioner's counsel informed the court that the petitioner had been allowed to retire and that his terminal benefits had been settled, although there was a delay in the process. The court noted that since the primary issues raised in the writ petition had been resolved, nothing further remained to be adjudicated. Consequently, the court dismissed the writ petition as infructuous but granted the petitioner the liberty to pursue any legal action for recovery of any amounts due, along with interest. The connected WMP was also closed, and no costs were awarded.
Headnote
A) Writ Jurisdiction - Challenge to Suspension Order - Dismissal of Writ Petition as Infructuous - Article 226 of the Constitution of India - The petitioner challenged the suspension order and the order preventing retirement, but was subsequently allowed to retire and received terminal benefits, albeit with delay. The court found that the matter had become infructuous and dismissed the petition, allowing the petitioner to pursue recovery of any due amounts legally. Held that the writ petition no longer had any merit (Paras 3-5).
Issue of Consideration
Whether the writ petition challenging the suspension order and the order not allowing retirement is maintainable after the petitioner was allowed to retire.
Final Decision
The court dismissed the writ petition as infructuous, allowing the petitioner to pursue recovery of any due amounts legally.
Law Points
- Writ jurisdiction
- Article 226
- suspension order
- retirement benefits
