Can a Writ Petition for Seniority Fixation and Promotion Relief Survive Post-Retirement?

The High Court reaffirms that petitions seeking seniority adjustment and related arrears become infructuous once service has ceased, upholding existing precedent and serving as binding authority for subordinate courts in administrative/service disputes.

 

Summary

Category Data
Case Name WPSS/1578/2021 of RAJENDRA PRASAD Vs STATE OF UTTARAKHAND
CNR UKHC010154962021
Decision Date 25-08-2025
Disposal Nature DISMISSED AS INFRUCTUOUS
Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari
Court High Court of Uttarakhand
Bench Single Judge
Facts as Summarised by the Court

Petitioner was appointed as Cooperative Supervisor in 1999, retired January 2022, and sought fixation of seniority above a junior employee and payment of arrear salary.

Citations 2025:UHC:7526

Practical Impact

Category Impact
Binding On All subordinate courts

What’s New / What Lawyers Should Note

  • Writ petitions for fixing seniority or claiming promotion increments become infructuous once the applicant has retired.
  • Post-retirement, courts will not grant directions on promotion or corresponding salary arrears.

Summary of Legal Reasoning

  • The petitioner retired in January 2022, rendering any seniority adjustment or promotion order incapable of execution.
  • A court cannot grant promotion or salary increments after service has ceased.
  • Because the relief sought could no longer be implemented, the petition was dismissed as infructuous.

Arguments by the Parties

Petitioner

  • Claimed entitlement to have his seniority fixed above respondent No. 4 based on his initial appointment order dated 14.01.1999.
  • Sought arrear salary, increments, and service benefits from 06.02.2014 (date of junior’s promotion).

Respondent (State)

  • Submitted that, having retired, the petitioner could not obtain any promotion or related benefits.
  • Argued that the petition had become infructuous and should be dismissed.

Factual Background

The petitioner was appointed as a Cooperative Supervisor in January 1999 and retired in January 2022. He filed WPSS/1578/2021 seeking a writ of mandamus to fix his seniority above that of a junior employee (respondent No. 4) in the final seniority list and to recover arrear salary and increments from the date of the junior’s promotion on 06.02.2014. The High Court observed that since the petitioner’s service had terminated, no effective relief on seniority or promotion could be granted and dismissed the petition as infructuous.

Alert Indicators

  • ✔ Precedent Followed

Citations

  • 2025:UHC:7526
  • CNR UKHC010154962021

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