Full Judgment
04. 12.2012 PRESENT HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Sandeep Shah, for the petitioner. Mr. Rajkumar Mehta, Government Counsel. ... BY THE COURT : While working with the respondent-Department in the capacity of Operator, the petitioner submitted an application to avail voluntary retirement from service w.e.f. 01.1.2002, however, he choose to withdraw the same on 05.12.2001. Instead of such withdrawal, the respondents retired the petitioner w.e.f. 01.1.2002. Being aggrieved by the same, this petition for writ is preferred. This Court vide order dated 26.3.2002 after hearing after hearing learned counsel for the parties stayed effect and operation of orders retiring the petitioner from service w.e.f. 01.1.2002. In pursuant to the interim directions the petitioner was allowed to continue in service, however, on attaining the age of 60 years i.e. the regular age of superannuation he was 2 retired from service by the respondents. An application, thus, is preferred on behalf of the respondents to dismiss this petition for writ as becoming infructuous. It is submitted by learned counsel for the respondents that the petitioner has already worked with the Department upto the age of 60 years, therefore, his superannuation from service shall be deemed to have taken place only from the date he attained the age of 60 years. It is clarified that no affect shall be given by the employer to the retirement of the petitioner from 01.1.2002. In view of the statement so made, nothing survives in this petition for writ, the same is dismissed as becoming infructuous. (GOVIND MATHUR) J.
Sanjay