LAWS(ALL)-2009-3-20

ONKAR SINGH KADAM Vs. STATE OF U P

Decided On March 05, 2009
ONKAR SINGH KADAM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri P.K. Srivastava, learned Counsel for the petitioner, Sr, J.N. Mathur, learned Additional Advocate General, assisted by Sri D.K. Upadhyay, Chief Standing Counsel for opposite party No. 1, Sri S.K. Kalia, Senior Advocate, assisted by Sri Dhruv Mathur for opposite party No. 2.

(2.) THE petitioner, being aggrieved by the order dated 12.1.2009 by which the extension of two years' service has been granted by the State Government to the opposite party No. 2, has filed the instant writ petition.

(3.) SRI J.N. Mathur, learned Additional Advocate General assisted by SRI D.K. Upadhyay, Chief Standing Counsel on the basis of the averments made in the affidavit submits that in compliance of the interim order dated 11.2.2009 passed by this Hon'ble Court the State Government has considered the case of the petitioner along with one SRI Dharamveer Singh Sarawat for promotion to the post of Engineer-in- Chief. By the order dated 27.2.2009 the petitioner and SRI Dharamveer Singh Sarawat have been promoted to the post of Engineer-in-chief and as such the writ petition has become infructuous. He further submits that since the petitioner has been promoted to the post of Engineer-in-chief the cause of action to pursue the instant writ petition no more survives and the grievance of the petitioner stands redressed and the writ petition deserves to be dismissed.