Created by Fuzzy Cloud

Allahabad High Court

UNION OF INDIA THUR. SECY. AND OTHERSversusSMT. SHYAMA SHUKLA AND ANOTHER

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The Union of India, as employer, challenged two orders of the Central Administrative Tribunal (CAT): one dated 2 August 2010 that set aside a minor punishment imposed on employee Shyama Shukla, and a subsequent order dated 11 May 2012 dismissing a review of that decision. The petitioners sought to revive the disciplinary action, while the respondent, having retired, did not pursue the matter further. The High Court observed that the writ petition had become infructuous because the respondent was no longer in service and no further steps were taken. Consequently, the Court dismissed the writ petition as infructuous. The judgment underscores that a petition becomes non‑maintainable when the relief sought cannot be granted due to the changed circumstances of the parties.

Issues considered

  • What is the appropriate disposition of a writ petition when the respondent has retired and the matter has become infructuous?

Subjects

  • Central Administrative Tribunal
  • minor punishment
  • review petition
  • writ petition
  • infructuous
  • retirement
  • employer-employee dispute

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 57737 of 2012

                                    Union Of India Thur. Secy. And Others
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    Smt. Shyama Shukla And Another
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)       : Dr. Ashok Nigam, Manoj Kumar Singh,
                                                                      Saurabh Srivastava
                                    Counsel for Respondent(s)       : Vishnu Behari Tewari

                                    Court No. - 29
                                                       HON'BLE ARINDAM SINHA, J.
                                                       HON'BLE SATYA VEER SINGH, J.

                                    1. Mr. Abhudaya Pratap Singh, learned advocate holding the brief appears
                                    on behalf of petitioners (Union of India/employer). He submits, under
                                    challenge are orders dated 2nd August, 2010 and 11th May, 2012 passed by
                                    the Central Administrative Tribunal. By first order the tribunal had set aside
                                    the minor punishment order. By the second order, review against the first
                                    order was also dismissed.

                                    2. Mr. Dhananjay Awasthi, learned advocate leading Mr. R.K. Dixit, learned
                                    advocate appear on behalf of respondent no. 1 (employee). Mr. Awasthi
                                    submits, by impugned order dated 2nd August, 2010 the tribunal while
                                    setting aside the minor punishment order had left it open to the employer to
                                    proceed afresh. The review petition and thereafter writ petition was filed and
                                    not prosecuted. Nothing also was done. In the mean time his client has
                                    retired.

                                    3. The writ petition has become infructuous. It is dismissed as such.
                                    March 18, 2026
                                    sailesh
                                                                                             (Arindam Sinha,J.)


                                                                                           (Satya Veer Singh,J.)




Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.