I had filed a Writ Petition under Article 226 of the Constitution in August 2010 for quashing the Order of my removal from service with mala fides as the MD of a Public Undertaking.

On the first date of listing the Hon’ble Judge, in the recorded presence of the opposite Counsel asked my Counsel to amend the Petition as I could not write my rank of Colonel along with my name as I was a retired Colonel . All the pleas of my counsel were of no avail that Article XVIII of the Constitution of India permitted the use of military title and the Hon’ble Courts have been permitting the use of Army rank all over.

But in the Order sheet it read the Counsel of the Petitioner wants to write the correct description of the Petitioner and it is allowed since the case is at preliminary stage and no notice has been issued so far.

In the next hearing the same Hon’ble Judge remarked , in the presence of the opposite Counsel, to my Counsel that I find you have made allegations against certain persons but they are not mentioned as Parties in the Memo of Parties. Make them Party. But in the Order sheet it was mentioned that the Counsel wants to implead others also against whom he has made allegations and he is allowed to amend the Petition.

When the matter came up again, it was already eight months passed, and the roster of the Hon’ble sitting Judges got changed and now it was not the same Hon’ble Judge.

This time the opposite Counsel said the writ has become infructous as the Petitioner has already crossed the age of superannuation. Moreover the Petitioner has not succeeded so far in convincing the Court for the issuance of a Notice.

I am helpless as it is all beyond my control. My Counsel says its all my bad luck.

Is the cause for which I approached the Court of quashing the order of my removal from service eight months back and treating me as if in continuous service of any substance now as I have completed 60 years on 30 April 2011.

What would be best course of action for me?

Will the New Judge not be prejudiced by such orders of the Court? Please comment and give your expert advice in the Public interest.

I believe there are many more instances like this. But what would you advice me.

With regards,

Anonymous.