IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 10232 of 1999 Between: Mujahid Ali Khan S/o. Samsam Ali Khan R/o. H.No. 18-11-92, Barkas, Hyderabad. ..... PETITIONER AND 1 Chief Security Commissioner, Railway Protection Force South Central Railway, Rail Nilayam, Secundrabad. 2 Principal Zonal Training Centre Railway Protection Force, Moula Ali Secundrabad. 3 Chief Drill Instructor Railway Protection Force, Zonal Training Center, Moula Ali, Secundrabad. .....RESPONDENT(S) 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 issue a Writ, or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the first respondent in the discharging the petitioner from Training under Rule 67.2 of R.P.F. Rules 1987 without giving any opportunity is illegal, arbitrary and violative of Art. 14 and 16 of the Constitution of India consequently direct the respondent to permit the petitioner to participate Passingout Parade and post him in the post of Constable in the regular Pay of Scale and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.J.M.NAIDU Counsel for the Respondent No.: MR.GOURI SHANKAR SANGHI The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10232 of 1999 ORDER: Heard the learned counsel for the petitioner and the learned counsel for the respondents. The writ petition is filed praying to issue a Writ, or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the first respondent in discharging the petitioner from Training under Rule 67.2 of R.P.F. Rules 1987 without giving any opportunity is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India consequently direct the respondent to permit the petitioner to participate Passing out Parade and post him in the post of Constable in the regular Pay of Scale. The petitioner also prayed interim direction directing the respondents to permit the petitioner to undergo passing out parade along with the 30th batch trainees on 21.5.1999, pending disposal of the writ petition. This Court by order dated 18.5.1999 granted interim direction in WPMP No.12612 of 1999 as prayed for. It is submitted by the learned counsel for the petitioner that pursuant to the interim order granted by this Court, the petitioner was permitted to participate in passing out parade and thereafter, he was temporarily posted to the CRP/TPTY of Guntakal Division by proceedings No.J1/99, dated 1.61999. In view of the same, he submits that the subject matter in the writ petition has become in fructuous though the learned counsel for the petitioner submits that consequent to the disciplinary action, the petitioner was removed from service w.e.f 17.9.2002. Therefore, he submits that the removal is a different cause of action since the petitioner was permitted to undergo passing out parade pursuant to the impugned order passed by this Court. Thereafter, he was given the appointment order. Having regard to the submissions made by both the counsel, since the petitioner was undergone the passing out parade and consequently, an appointment order was issued and the relief sought for in the writ petition has already been granted. Therefore, the writ petition has become infructuous. Hence, the writ petition is dismissed as infructuous. No costs. _____________________ Justice G. Chandraiah Date:26-06-2008 mrb