HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.16558 of 2007 Date: July 2, 2010 Between: H. Janaki Manohar Rao, S/o. late H. Satyanarayana Rao, Senior- Assistant (on compulsory wait) O/o.Deputy Director, Social Welfare, Kurnool, Kurnool District … Petitioner And The Secretary, A.P. Welfare Residential Educational Institutions Society, Govt. of A.P., Hyderabad, and 3 others … Respondents Order: This writ petition is filed questioning proceedings Rc.No.A.4/142/2006, dated 21-03-2007, issued by third respondent-District Collector and Chairman, APSWRS, District Level Society, Kurnool District, as ratified by first respondent-Secretary, A.P. Social Welfare Residential Educational Institutions Society, Govt. of A.P, in proceedings R.C.No.Zone-IV/518/2007 dated 10-04-2007. The petitioner was initially appointed as Junior Assistant in Agriculture Department in the year 1983 and later joined in the office of the Deputy Director of Social Welfare, Kurnool, in the year 1989 and, therein, he was promoted as Senior Assistant in the year 2004. Thereafter, the petitioner was posted as Senior Assistant at APSWRS/JC (G), B Camp, Kurnool on deputation for a period of one year. After expiry of deputation period, proceedings dated 28-02-2007 were issued surrendering him to his parent department, i.e. office of Deputy Director, Social Welfare, Kurnool. But, when it was noticed that there were no vacancies available in the said office to accommodate the petitioner, he was against posted as Senior Assistant in APSWRS Jr. College(boys) Jupadu Bungalow in the existing vacancy for a period of two years. The same was also ratified by the first respondent. In this writ petition, it is the case of the petitioner that third respondent is not competent to issue proceedings dated 21-03-2007 posting him in APSWRS Jr. College(boys) Jupadu Bungalow, of the first respondent-Society. This court, by order dated 07-08-2007, suspended the impugned proceedings. Pursuant thereto, the petitioner was allowed to join duty on 07-09-2007 in the office of the Deputy Director, Social Welfare, Kurnool and being continued as such. During the pendency of the writ petition, on attaining the age of superannuation, the petitioner retired from service on 30-01-2009. Though no counter affidavit is filed, learned Government Pleader for Social Welfare has placed before this court a copy of letter in Lr.Rc.No.A4/08/2008, dated 07-12-2009, addressed by third respondent-District Collector, Kurnool to the learned Government Pleader stating that in view of retirement of the petitioner, he himself made a representation on 10-09-2009 to treat the waiting period, i.e. 08-03-2007 to 07-09-2007, as leave on half-pay. It is stated that the request of the petitioner was considered and half-pay leave was sanctioned to him from 08-03-2007 to 07-09-2007 and he was retired from service and was also paid terminal benefits, by regularizing his services during the said period. In view of the fact that the petitioner has already retired from service during the pendency of the writ petition and he was allowed to continue in his parent department by virtue of the interim order, no further orders need be passed in this writ petition at this stage. It is also to be noticed that the period of waiting was already regularized on the request made by the petitioner. In view of the foregoing reasons, the subject matter of the writ petition has become infructuous. The writ petition is therefore dismissed as having become infructuous. No order as to costs. ____________________ (R. SUBHASH REDDY, J) July 2, 2010 MRR