RAM PAL MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEAVE granted. Heard the counsel for the parties.

(2.) THIS appeal is directed against the judgment of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant on the ground that it is premature. The High Court observed that inasmuch as the promotion of respondent No. 3, which was challenged in the writ petition, has been specifically made subject to the approval of the Haryana Public Service Commission and since the Commission has not yet finally decided the matter, the writ petition was premature. It is brought to our notice that since the filing of this Special Leave Petition, the Haryana Public Service Commission has approved the promotion of the third respondent. The main question arising in this appeal is whether the action of the Government of Haryana in treating the third respondent as senior to the appellant and promoting him to the higher post of Joint Director earlier than the appellant is valid and legal?

(3.) . The appellant preferred a writ petition in the Punjab and Haryana High Court in March, 1991 questioning the validity and legality of the order dated 25/02/1991 aforesaid. The writ petition was dismissed observing that inasmuch as no order of appointment to the post of Joint Director has yet been made and since the matter was only at the stage of consideration of the third respondent for such promotion, there was no cause of action for filing the writ petition. The date of dismissal of the writ petition is 12/03/1991.