CWP No. 2557 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2557 of 2009 DATE OF DECISION: August 25, 2010 Dr. PPS Cooner .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. G.S. Bal, Advocate, for the petitioner(s). Ms. Charu Tuli, Sr. DAG, Punjab. AJAI LAMBA, J. (ORAL) 1. This petition has been filed under Articles 226 & 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order dated 30.01.2009 Annexure P-9 vide which, the petitioner who was then serving as Joint Director, Research and Medical Education, on attaining the age of 58 years was directed to retire w.e.f. 31.01.2009. 2. In brief, learned counsel contends that the petitioner after promotion was serving as Senior Lecturer in teaching cadre. The petitioner was posted as Joint Director in the office of Director, Research and Medical Education on a non-cadre post for 2 years as it is a tenure appointment/posting. In the said department, however, the age of retirement is 58 years and, therefore, impugned order was passed. CWP No. 2557 of 2009 2 3. Learned counsel has pointed out that operation of impugned order Annexure P-9 was stayed by virtue of order dated 17.02.2009. Learned counsel contends that there has been a subsequent development in so much as the petitioner has been sent back to serve as Professor in Social and Preventive Medicine in teaching cadre, where the age of retirement is 60 years and, therefore, cause of action does not survive any more and the matter has been rendered infructuous. 4. Disposed of as having been rendered infructuous. 25.08.2010 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?