K O MATHAI Vs. UOI

JUDGEMENT

(1.) This matter has been on the Regular Board and has been repeatedly called since re-opening of the court on 1st July, 2010. There has been no appearance on behalf of the petitioner despite the matter being displayed in the cause list and posted on the board of this court. Even today, the matter was called earlier in the day and passed over as there was no appearance for the petitioner.

(2.) In this background, learned counsel for the respondents has submitted that during the pendency of the writ petition on 30th September, 2001, the petitioner made an unconditional request for voluntary retirement from service which was accepted by the respondents. As such, the petitioner has voluntarily retired with effect from 30th September, 2001. It is submitted that the petitioner may consequently not be interested in the prosecution of this case. Be that as it may be, the writ petition was filed in 1992 and has remained pending since. We are therefore not inclined to keep it pending any further.

(3.) We have accordingly carefully examined the record and find that the writ petitioner has complained that he has been wrongly denied an opportunity for promotion and has prayed for a direction to the respondents for payment of a salary equal to that which is paid to ASI/Pharmacist (Qualified) w.e.f. 1st January, 1986 and a further direction that the respondents be directed to remuster him and treat the petitioner as an ASI/Pharmacist (Qualified).