(1.) Vide order dated July 17,1995, the respondents were directed to produce the original record. When the case came up for hearing today, the record was not available. However, the arguments of the learned counsel for the parties were heard and the orders were reserved.
(2.) Now Mr, Jaswant Singh, learned counsel for the respondents has made a request that the official record is available. He, on instructions from Mr. Onkar Sharma, Assistant, Office of the Director, Food & Supplies, states that respondent No. 4 is due to retire on Dec. 31, 1995. The petitioner is next in order of seniority and shall be considered for promotion to the post of District Food & Supplies Controller against the post which shall be vacated by respondent No. 4.
(3.) In view of the statement of the learned counsel for respondents 1 to 3, Mr. R.S. Mittal states that he may be permitted to withdraw this petition so as to enable the Department to consider his claim for promotion. He, however, submit s that in case, the relief is not granted to him, he would be entitled to approach this Court again on the same, similar or other grounds may be available to the petitioner. Counsel for the respondents have no objection.