U.K. Dhaon and Dr. Satish Chandra, JJ. - (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. The petitioner has alleged that he was promoted on the post of Executive Engineer on 9.8.1993 and thereafter on the post of Superintending Engineer in August, 2000. The petitioner has also alleged that he was promoted on the post of Chief Engineer Level-II in November, 2002 and thereafter on the post of Chief Engineer Level-I in November, 2006. The petitioner has further alleged that he is eligible for promotion to the post of Engineer-in-Chief as out of three posts of Engineer-in-Chief two posts fell vacant and the charge of those two posts of Engineer-in-Chief has also been given to the opposite party No. 2. The learned Counsel for the petitioner submits that in compliance of the interim order dated 11.2.2009 the Departmental Promotional Committee considered the case of the petitioner and other eligible persons and promoted the petitioner on the post of Engineer-in-Chief by the order dated 27.2.2009. He further submits that the extention of two years' service, which has been granted by the State Government to the opposite party No. 2 is arbitrary and illegal.
(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. Sri S.K. Kalia, Senior Advocate assisted by Sri Dhruv Mathur, learned Counsel for the opposite party No. 2 submits that the order dated 12.1.2009 was challenged by the petitioner when he was not promoted on the post of Engineer-in-chief and as during the pendency of the writ petition the petitioner has been promoted on the post of Engineer-in-chief (Rural Roads) the writ petition has become infructuous and it deserves to be dismissed being infructuous.;