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Allahabad High Court

DEEP CHAND SINGHversusSTATE OF U.P. AND OTHERS

Decided

Holding

The petition is dismissed as it has become infructuous by efflux of time.

Summary

Deep Chand Singh filed a writ petition before the Allahabad High Court seeking a mandamus directing the State of U.P. to retire him at the age of 58 and to pay his salary and benefits as if his retirement age were 60. The petitioners were represented by counsel Rakesh Pandey and Sudhir Srivastava, while the respondents were represented by A.K. Srivastava and C.S.C. The Court observed that no petitioner appeared to press the petition on the revised call. Upon reviewing the prayer and the record, the Court concluded that the petition had become infructuous due to the passage of time. Consequently, the Court dismissed the petition as infructuous and vacated any interim order that might have been in force.

Issues considered

  • Whether a writ of mandamus can be issued directing the retirement age of a government employee to be fixed at 58 years.
  • Whether the petition for payment of salary and benefits treating the retirement age as 60 years is maintainable.
  • Whether the petition has become infructuous by reason of lapse of time.

Subjects

  • retirement age
  • mandamus
  • writ petition
  • infructuous
  • service benefits
  • High Court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 65972 of 2008

                                    Deep Chand Singh
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Rakesh Pandey, 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 alongwith allowances and
                                    other benefits of service treating the age of retirement of the petitioner to
                                    60 years."

                                    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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