IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 2212 of 1999 Between: P.P.Prabhat s/o Sri Kali Prasad, Cement Corporation of India, Tandur Cement Factory, TANDOOR R.R.District , AP., ..... PETITIONER AND 1 Cement Corporation of India, represented by its Chairman-Cum- Managing Director, sri Anand Darbari Govt. of India (Enterprises) Registered office at Core 5 Scope Complex, 7 Lodhi Road, New Delhi-110 003 2 Director (Personnel) Cement Corporation of India, Government of India(Enterprises) Registered office at Core 5, Scope Complex, 7, Lodhi Road, New Delhi-110 003 .....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 a writ, order or direction more paraticularly one in the nature of Writ of Mandamus directing the Respondents to refix the pay of the petitioner taking into consideration the last pay drawn by him at his previous organisation (NMDC) and as revised as on 1/01/1986 as per IVth pay commission Report, duly adding 4 increments and the fitment benefit as on 21/06/1988 i.e., on the date of joining the Respondent organisation and with consequential direction to set aside the impugned letters dt. 22/12/1997 and 18/05/1998 declaring the inaction of refixing the pay of the petitioner as arbitrary, illegal, un-warranted andin violation of Article 14 & 16 of the Constitution of India and be pleased to pass such other and further order or orders as the Hon'ble Court may deem fit and proper in the Circumstances of the Cases, else, the petitioner would be put to irrepairable damage and hardship. Counsel for the Petitioner:MR.SANKA RAMAKRISHANA RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 2212 of 1999 ORDER: Yesterday i.e. on 03.06.2009 when the matter was taken up for hearing, the learned counsel for the petitioner was absent. Hence the matter was directed to be listed under the caption for dismissal today. Today when the matter is taken up for hearing, the learned counsel for the petitioner Mr. Mehar Chand Noori submitted that the subject matter of the Writ Petition has become infructuous for the reason that the petitioner was relieved from service on the basis of voluntary retirement and he was also paid all the terminal benefits. In that view of the matter, this Writ Petition is dismissed. No order as to costs. ---------------- 04.06.2009 kvsn THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 2212 of 1999 04.06.2009 Kvsn