Visakhapatnam v. Opp. Public Gardens Nampally Road, Hyderabad
Case at a glance
Outcome
Disposed of
Accordingly, this Writ Petition is disposed of
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 44. Accordingly, this Writ Petition is disposed of. Dated June 18, 2009 KSH _________________________ GOPALA KRISHNA TAMADA, J
Judgment
Cause title
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a writ, order or direction and more particularly one in the nature of Writ of mandamus Dire4cting the Respondent to:- 1) Pay the arrears of salary from 1-10-1994 to till-date and to continue to pay the salary regularly every Month; 2)fix the pay of the petitioer under the Revised pay Scales with effect from 1-4-1994 including subsequent enhancement of D.A.and to pay the arrears as per Rules to the petitioner; 3) To pay the surrender leave salary to the petitioner for the years 1992, 1993. 1994 and 1995; 4) To Permit the petitioner to retire voluntarily on medical grounds and grant all consequential befits. Counsel for the Petitioner:MRSYED SHAREEF AHMED Counsel for the Respondent No.: SHAFATH AHMED KHAN(SC FOR WAKF BOARD) The Court made the following :
ORDER :
The petitioner filed this writ petition under Article 226 of Constitution of India seeking writ of Mandamus directing respondent to pay the arrears of salary from 01.10.1994 to till date and to continue to pay the salary regularly every month and fix the pay of the petitioner under the revised pay scales with effect from 01.04.1994 including subsequent enhancement of DA and to pay the arrears as per the Rules to the petitioner and to pay the surrender leave salary to the petitioner for the years 1992, 1993, 1994 and 1995 and to permit the petitioner to retire voluntarily on medical grounds.
During the course of hearing both the counsel admitted that the petitioner retired from service in the year 2002 on attaining the age of superannuation.
In the light of the subsequent development, this Court is of the view that the relief sought for in this writ petition cannot be gone into. However, if the petitioner submits his pension papers and other papers relating to his retirement benefits, the same shall be considered and necessary orders may be passed within a period of Six weeks from the date of receipt of a copy of this order.
Operative part
Accordingly, this Writ Petition is disposed of. Dated June 18, 2009 KSH _________________________ GOPALA KRISHNA TAMADA, J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this Writ Petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.