D.V. Vasavada and A.K. Shah vs Secretary

J.M. Panchal, J.—By means of filing this petition under Article 226 of the Constitution, the petitioners have prayed that respondent no.1 be directed to promote petitioner no.2 as Superintending Engineer retrospectively with effect from September 9,1986 and to treat him senior to respondents no.2 to 22 for all purposes. Other ancilary reliefs are also claimed, but it is not necessary to refer to them in detail at this stage.

The matter was placed for admission hearing before Court on December 30, 1986 and while issuing rule it was clarified that promotion, if any, would be subject to the result of the petition.

During the course of hearing of the petition, learned Counsel for respondent no.1 has produced Office Order dated December 30, 1987 which shows that petitioner no.2 was promoted to the post of Superintending Engineer and was posted at Anjar w.e.f. December 30, 1987. Learned Counsel for respondent no.1 has also produced Office Order dated August 23, 1999 which indicates that petitioner no.2 was thereafter promoted to the post of Additional Chief Engineer, Baroda and had tendered resignation on medical ground which was accepted by the Board with effect from November 30, 1996. The two office orders which are produced by the learned Counsel for respondent no.1 are ordered to be taken on record of the petition. As petitioner no.2 was promoted to the post of Superintending Engineer and subsequently to the post of Additional Chief Engineer, I am of the view that the petition has become infructuous and deserves to be disposed of accordingly.

In view of the contents of two office orders, which are on record of the case, the petition is disposed of as having become infructuous. Rule is discharged with no order as to costs.