IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 25509 of 2007 Between: S.Ravinder S/o.S.Nageswara RAo H.No.3-60, Jayanagar colony Ballempalli post Khammam Uraban, Khammam District ..... PETITIONER AND 1 The Commanding officer, EME Records, Secunderabad 2 The Director, Sainik Welfare, Nampally,Hyderabad 3 The Zilla Sainik Welfare officer, O/o. Zilla Sainik Welfare ,Khammam, Khammam District .....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 to issue writ order or direction more particularly one in the nature of writ o fmandamus declare the letter nO.7061683/IAFK/T-4/NE-1 dated 14.9.2007 and letter No.7061683/IAFK/T-4/NE-1 dated 15.10.2007 issued by the O/o. 1st Respondent as illegal, arbitrary, and aganist principles of natural justice and set aside the same and also set aside the consequential Memo No.54/Census/1226/2007-C dated 29.9.2007 and Memo No.54-Census-1394-2007 dated 9.10.2007 issued by the 3rd respondent by declaring them as illegal, arbitrary, unjust and pass Counsel for the Petitioner:MR.D.RAMAKRISHNA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : } THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.25509 of 2007 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring letter No.7061683/IAFK/T-4/NE-1 dated 14.9.2007 and letter No.7061683/IAFK/T-4/NE-1 dated 15.10.2007 issued by the office of first respondent as arbitrary, illegal and violative of principles of natural justice and set aside the consequential Memo No.54/Census/1226/2007- C dated 29.9.2007 and Memo No.54-Census-1394-2007 dated 9.10.2007 issued by the third respondent by declaring them as arbitrary and illegal. According to the petitioner, he joined Indian Army on 10.5.1963 in EME as CFN Vehicle Mechanic. He was given enrolment No.7061683. Petitioner was discharged from Army on 11.5.1969 on the ground of “services no longer required”. During his tenure in the Army, petitioner was awarded with Raksha Medal in Indo-Pak War, 1965 and his character was assessed as very good. His discharge certificate also discloses that the petitioner is fit for civil employment. However, after his discharge, a dispute arose as to his status as Ex-Serviceman. After much correspondence between Zilla Sainik Welfare Officer, Khammam, the Director of Sainik Welfare, Hyderabad and office of EME Records, the issue was settled and the office of EME Records issued orders on 19.8.1987 that petitioner is entitled to facilities of Ex-Serviceman and the Zilla Sainik Welfare Office, Khammam was instructed to register his name in the list of Ex-Serviceman. Thereupon, the office of second respondent issued Memo dated 15.12.1987 in terms of the orders issued on 19.8.1987. The third respondent issued letter dated 29.12.1987 asking the petitioner to register his name as Ex-Serviceman. Petitioner was given Ex-Serviceman identity card by the Zilla Sainik Welfare Officer, Khammam. Thereafter, petitioner was re-employed in State Bank of Hyderabad and worked as Watchman and retired from service on attaining the age of superannuation and he has been enjoying the benefits of Ex-Serviceman for the last 20 years and there was no dispute as to his status as Ex-Serviceman. However, respondent Nos.2 and 3 have again raised the issue of petitioner’s status as Ex-Serviceman. According to the petitioner, he has actively participated for the welfare of Ex-Serviceman. On 20.7.2007 he raised the issue of non-payment of funeral expenses to the dependants of Ex-Serviceman and also establishment of canteen in Khammam district and strongly demanded respondent Nos.2 and 3 for necessary action in the matter, which according to the petitioner, has resulted in cancellation of his status as Ex-Serviceman. Hence this writ petition. There is no necessity of going into all the details. This Court, while admitting the writ petition on 30.11.2007, granted interim suspension of the impugned order. Today when the matter came up for consideration, the learned counsel for petitioner placed before the Court the order passed by the Assistant Record Officer, EME Records, Khammam dated 8.5.2008 showing cancellation of the impugned order. In view of the same, the dispute as to the status of the petitioner as Ex-Serviceman is re-settled and therefore, there is no necessity of going into other details. Accordingly, the writ petition is closed. No order as to costs. ______________ C.V.RAMULU, J Date: 1.4.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.25509 of 2007 1.4.2009