Allahabad High Court
YOGESH CHANDRA BAJPAIversusSTATE OF U.P. AND OTHERS
- Decided
- Disposal
- Dismiss
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as having become infructuous.
Summary
The petitioner, Yogesh Chandra Bajpai, filed a writ petition seeking a mandamus directing the State to retire him at age 58, to pay him salary and benefits as if his retirement age were 60, and to quash a policy decision that raised the superannuation age. The petition also challenged a specific order dated 31‑12‑2008 and a resolution dated 6‑5‑2006. The court observed that the petition had become infructuous due to the passage of time. Consequently, the court dismissed the petition as infructuous and vacated any interim relief that might have been granted. No substantive merits on the retirement‑age issues were addressed.
Issues considered
- Whether the writ petition is maintainable given that it has become infructuous by lapse of time
Subjects
- retirement age
- superannuation
- mandamus
- writ petition
- infructuous petition
- administrative order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 60727 of 2008
Yogesh Chandra Bajpai
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Pande, Sudhir Srivastava
Counsel for Respondent(s) : A.K. Srivastava, C.S.C.
Court No. - 34
Sl. No. 35
HON'BLE ANISH KUMAR GUPTA, J.
1. List revised. None appears on behalf of the petitioner to press the
instant petition even in the revised call.
2. The instant petition has been filed seeking the following prayer:
"i. Issue a writ order or direction in the nature of mandamus restraining
the respondents to retire the petitioner at the age of 58 years;
ii. Issue a writ order or direction in the nature of mandamus directing the
respondents to pay salary of the petitioner along with allowances and
other benefits of service treating the age of retirement of the petitioner to
60 years;
iii. ......
iv. ........
v. Issue a writ order or direction in the nature of certiorari quashing the
impugned order dated 31.12.2008 (Annexure 2 to the supplementary
affidavit) and portion of resolution no. 8 dated 6.5.2006 (Annexure 2 to
the writ petition) wherein policy decision to enhance the age of
superannuation have been referred for approval by the State Government
(amended prayer)"
WRIA No. 60727 of 2008
2
3. From perusal of the aforesaid prayer as well as the record, it appears
that the instant petition has become infructuous by efflux of time.
4. Accordingly, the instant petition is dismissed as having become
infructuous. Interim order, if any, stands vacated.
(Anish Kumar Gupta,J.)
May 7, 2026
o.k.
Digitally signed by :-
OM KRISHNA CHOUDHARY
High Court of Judicature at Allahabad
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