SUBHAS RANJAN THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) This is an application seeking modification/ review of the order dated 27.1.2009 which has been registered as C.A.N. 5084 of 2009. As in the cause title the applicant has mentioned the nature of the application as an application for modification of the order dated 27.1.2009, the registry accordingly has numbered it as an "application". For review application there is a separate number which Is maintained by the High Court. namely. "RVW. It appears that on 27.1.2009 this writ petition was disposed of finally. The Court did not Interfere with the merits of the Issue but passed an order of status quo so far as the appointment of Vice - Chairman in the Railway Claims Tribunal is concerned. The petitioner assailed the selection process of the said Vice - Chairman alleging, inter alia, that there was no wide circular of the vacancy and moved the Original Application on that grievance. Thereafter, as no interim order was passed he moved the writ petition and Court passed an order of status quo. In the application for modification, the applicant has prayed for modification of the order of status quo and thereby to pass appropriate order directing that appointment for the post of Vice - Chairman could be made following the selection process subject to the result of pending Original Application being No. 1323 of 2008.

(3.) In view of the settled legal position we cannot entertain this application for passing appropriate relief as sought for namely vacating the order of status quo only for the reason that the writ petition has been disposed of on 27.1.2009. Once any writ petition or any other proceeding is disposed of finally, the Court becomes functus officio and there is no scope to entertain any application for modification or vacating the order as passed by the Court which requires adjudication of matter on merit touching the original order.