VINEET SARAN, J. - (1.) THIS is a writ petition filed with a prayer for a direction to the respondents to promote the petitioner as Circle Inspector -II with effect from 1985 and also give him the benefit of seniority and other consequential benefits. A further prayer has also been made for a direction to grant selection grade to the petitioner with effect from 1981.
(2.) IT is the case of the petitioner that he was appointed as Constable in Civil Police in the year 1962 and was promoted on the post of Sub -Inspector in 1971. The petitioner appeared before the Selection Committee for promotion as Circle Inspector -II in the year 1985 but the recommendation of the Selection Committee was put in a sealed cover in view of the Government Order dated 30 -11 -1983. The only ground taken by the learned Standing Counsel for not having granted promotion to the petitioner was because of the pendency of certain cases against the petitioner, details of which have been given in Paragraph 3 of the counter affidavit. It has been submitted by the learned Counsel for the petitioner that in the first case mentioned therein i.e. Case Crime No. 350 of 1981, the charge -sheet was submitted in the year 1991 and till date the case is still pending. With regard to the second case i.e. the departmental proceedings, it has been submitted that the petitioner has been exonerated by the Order dated 13 -7 -1991 of the Inspector General of Police, Allahabad Zone, Allahabad, a copy of which has been filed as Annexure -RA 1 to the rejoinder -affidavit. Learned Counsel for the petitioner has categorically stated that other three cases mentioned in Paragraph 3 of the counter affidavit do not exist. There is no record of the said cases and no proof of the pendency of the same has also been submitted.
(3.) IT has been stated at the Bar that the petitioner has already retired in the year 1998. Although learned Standing Counsel has stated that in view of the retirement of the petitioner, this writ petition has become infructuous but in my view since the post retiral benefits of the petitioner would be affected, this matter needs to be decided on merits.;