STATE OF PUNJAB Vs. HARBHAJAN LAL SHARMA

JUDGEMENT

(1.) The respondent-writ petitioner was promoted from the post of clerk to that of Assistant on 20.10.1968. On such promotion, he was designated as Assistant B Grade. Contending that there was no post of Assistant B Grade, the respondent had filed C.W.P. No. 3472 of 1995 which was referred to the Lok Adalat. The Lok Adalat came to the finding that, at the relevant time, there was no post of Assistant B Grade and therefore, promotion of the respondent-writ petitioner is required to be treated as promotion to the post of Assistant A Grade to which post the respondentwrit petitioner was promoted in the year 1971. Assailing the order of the Lok Adalat the writ petition out of which this appeal had arisen has been filed by the State.

(2.) The learned Single Judge hearing the writ petition noted the relevant facts on the basis of which the Lok Adalat came to the conclusion that at the relevant time there was no post of Assistant B Grade. In this regard learned Single Judge specifically took note of memo dated 9.9.1968 (Annexure P-4) creating some posts of Assistants. The learned Single Judge found that there was no mention of the post of Assistant Grade B in the said memo. In these circumstances the writ petition was dismissed and the order of the Lok Adalat was maintained.

(3.) At the hearing, we have been informed that instructions have been conveyed to the learned counsel for the appellant that the respondent writ petitioner is no more. Keeping in mind the totality of the circumstances of the case and the basis of the conclusions recorded by the learned Single Judge, we do not consider the present appeal to be fit for admission. Consequently, admission is refused and the appeal is dismissed. C.M. No. 3980 of 2010