IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10681 of 2004 Between: N. Subramanyam Reddy S/o. N.V. Subba aReddty HMT Bearings, Moula-ali, Hyderabad. ..... PETITIONER AND 1 The Union of India, rep. by its Secretary to Govt., Ministry of Heavy Industries & Public Enterprises, Dept., of Heavy Industries, New Delhi. 2 HMT Ltd., rep. by its Chairman & M.D., 59, Bellary Road, Bangalaore, -560031. 3 HMT. Bearings Ltd., rep. by its M.D., Moula -ali, Hyd.-40 4 The Dy. General Manager 9HRM), HMT Bearings Ltd., Moula-ali, Hyd -40. .....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 an aorder, direction or writ, more particularly one in the nature of writ of Mandamus declaring the Office Order No.04/03 Dt. 7.4.2003 issued by the Chairman and Managing Director of the HMT the 2nd respondent herein, by which Rule 24-2(a) of the HMT Conduct, Disipline & Appeal Rules has been amended as arbitrary, capricious, irrationakl, unjust and unsustainable and violative of Articles 14 16 and 21 of Constitution of India and further declare the consequential letter BLH/S/S2004 dt. 1.6.2004 issued by the Dy. General manager (HRM), the 4th respondent herein, informing the petitioner that he is due to retire from service of the company w.e.f. 30.6.2004 on attaining the age of 58 years as illegal, arbitrary and set -aside the above oarers and consequently direct the respondents to continue the petitioenr in service till he attains the age of 60 years . Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondent No.: SMTR.RAGHAMMA The Court made the following : ORDER : The petitioner filed this Writ Petition under Article 226 of Constitution of India seeking a writ of Mandamus declaring the office order dated 07.04.2003, No.04/03 issued by respondent No.2, by which Rule 24.2(a) of the HMT Conduct, Discipline and Appeal Rules has been amended as arbitrary, capricious and unsustainable and to declare the consequential letter dated 01.06.2004 in BLH/S/S2004 issued by Respondent No.4, informing the petitioner that he is due to retire from service of the company with effect from 30.06.2004 on attaining the age of 58 years as illegal, arbitrary and set aside the above orders and consequently direct the respondents to continue the petitioner in service till he attains the age of 60 years. 2. Learned counsel appearing for the petitioner represents that this petition has became infructuous. Therefore, this petition is liable to be dismissed. 3. Accordingly, the Writ Petition is dismissed as infructuous. _________________________ GOPALA KRISHNA TAMADA, J Dated June 22, 2009 KSH