-J. IN THE HI&H COURT OF JUDICATURE AT JABALPUR (MP) S^&Q PETITIONERS VRIT PETITION N0. ^" OF 2000 ^A: ^. V.S. Varma, Son of Shri S.B.Varma, aged about 80 years, Occupation ; Professor (Coiamerce) at Durga College Moudhapur Raipyr Tahsil and distt. Raipur (MP). U.K. Shrivastava son of late J.K. Shrivastava aged about 80 yrs, Occupat ion:Professor (Commerce) at Durga Colle^e, Moudhapara Raipur, Tahsil and district Raipur (MP). M.K. Baa.jara son of Haa.jara, a^ed about ation Professor College Moudhapara &, Distt. Eaipur Late Shri H.C. 60 years, Oooup- (Commerce) at Durga. Raipur, Tahsil (MP).. A.S. Kalala, son of late Shri S.P. Kalala a^ed about 60 years, Ocoup- ation Professor (Commerce) at Durga Coile^e Raipur (MP). Smt. Neevadita &upta; wife of late Shri H.S. Gupta, aged about 60 years Occupat ionrProfessor (Philosophy) at Dur^a College Moudhapara Raipur (MP). Ashok Shukla son of Late Shri B.L. Shukla, aged about 60 years, occup- ation Professor (History) at Durga College, Balpur (MP>. 1 Versus RESPONDENTS > ^ > J> 5 Durga Education Sooiety, a Soclety regiatered under Madhya Pradesh Societles Registrikaran Adhiniyam, 1973, through its President DurSa Mahavidyalaya Campus, Raipur (MP). President, Durga Education Society, Durga Mahavidyalaya Campus, Balpur (MP). The Officiatln^ Principal, Dur^a Mahavidyalaya, Balpur (MP). The Commissioner, Departoieat of Hi.gber Education (Non-Government college wing, Bindi Bhawpn, Shyamala Hill Bhopal, MP). The Sfate of Madhya Pradesh, ThroughsSecretary, Department of H-igher Education, Vallabh Bhawan, gh^^CwoJ (MP) m (S PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPBOPRIATE WRIT IN THE NATUBE OP MANDAMUS, DIBECTION, CERTIORARI, PBOHIBITION OR THE LIKE ETC. 71 s9 las' HIQHCOURTOPCHHATTISGARH: BILASPUR DJvisLonBtench Coram: Hon'ble Shri H.L. Dattu, CJ & Hon'ble Shri V.K. Shrivastava, J WRIT PETmON HO. 2580/2000 PETITIONERS V.S. Varma& Others Versus RESPONDENTS Duiga Educafion Society & OUiers Present: Shri P. Dhwakar, Sr. ^lvocate wtthShri S.C. Verma, counsd for the petitioners No.1,3,4and 5. Shri P.K.C. Tiwari, Sr. Aclvocate witti Shri Shsshibhushan, wunsel for the petltioners No.2 and 6. Shri Kishore Bhaduri, counsel for respondents No.1,2 and 3. Shri Prashant Mishra, Addl. Advocate General Tor the State/ respondents No.4 and 5. ORALORDBl (Passed on 22ml February, 2007) The following bral order of the Court was pas»d H.L. Dattu, C.J. tn this peBBon filed under Artide 226 <rf the ConsGhrtion of India, petiUoners, wtw were working as Professore in second respondent College, have called in questton fte carrectness or ottierwise of the communicaUon issued to them by the respondents on 24-3-1999. 2) The relief sought in the writ peUUon is to quash the impugned order Annexure-P/11 and further permit them to pefform their duttes till they attain the age of 62 years. 3i:;l.,i:rri;: 3) During pendency of the petition, by virtue of the interim ordere granted by this Court petitioners continued to work till attaining the age of superannuation; namely 62 years. 4) Since the peStioners are now retired from servtces after attaining the age of superannuatton, the relief sougM for by the petitionere would not survive for consideration of this Court. 5) Shri Tiwari and Shri Dhwakar, leamed counsete appearing for ttie petitioners would submit that the petitioners are enBtted for the salary during the period they were prevented from discharging the duties in the respondent College. 6) Per contra, learned counsel appearing for the respondents wouldsubmlt ttiat the petitionere in this writ pettUon have not prayed for the aforesaid relief. 7) In our view, in view of the efflux of time, the rdief sought for by the petitioners would not survive for consideration of ttiis Court, therefore, the petition requires to be dtsposed of as having faecome infructuous. However, liberty requlres to be granted to ttie petitioners to approach the respondent authorities for (ayment of salary during ttie period they worked in the respondent Cotlege. Accordingly,theTollowing: Order (i) The petiUon is dlsposed of as having become infruetuous. However, liberty is reserved to the petifioners to make appropriate representations before the second respondent for payment of salary during <he period Uiey were preventsd from discharging their fancUons In Uia second respondent College. :3- (ii) If and when such representaBons are made, the second respondent is directed to consider the same and pass appropriate orders in accordance with law after affording an opportun'rty of hearing to the petitioners^ Ordered accordingly. V.K. Shrivatava Judge Sd/- Chief Justice r: