- (1.) INSTANT writ petition is directed against the order of the Central Administrative Tribunal dt. 07/06/2002.
(2.) THE facts which can be culled out from the record are that the respondent -officer challenged the order dt. 05/08/1997 whereby appointments made to the Indian Police Service (for short, "IPS") cadre and his grievance was that by order dt. 23/04/1997 he was granted benefit of selection scale on the basis of merit against the year 1985 -86 in Rajasthan Police Service (for short, "RPS") cadre and accordingly his candidature should have been considered for promotion in the IPS cadre but the fact is that after filing of the OA but before the matter could be considered by the Tribunal, the order, which was the basis for the respondent -officer in calling upon the Union of India and the State of Rajasthan to review and reconsider the candidature of the respondent -officer for promotion to IPS cadre, stood revised and the year, which was earlier assigned to him in the selection scale of RPS vide order dt. 23/04/1997, stood revised and he was promoted in the selection scale of RPS on the basis of merit against the vacancy of the year 1987 -88 vide order dt. 14/06/2000 copy of which has been filed by the petitioners alongwith writ petition as Ann. 10. Indisputably, in the order of the Tribunal, impugned in the instant proceedings, there is no reference revising his year of selection scale from 1985 -86 to 1987 -88 vide subsequent order dt. 14/06/2000 and consequential order dt. 12/09/2000 revising the year of appointment in the IPS cadre and if this order would have been on record before the Tribunal, what has been considered and observed by the Tribunal, for considering candidature of the respondent -officer for appointment to IPS cadre in reference to the seniority assigned pursuant to order dt. 23/04/1997, could not have been made and as informed to this Court the respondent -officer has retired from service while working in the IPS cadre on 31/03/2004.
(3.) TAKING note of the facts brought to our notice, there is option before us either to remit the matter back to the Tribunal or to consider as to what would be the effect of the change in seniority assigned to the respondent -officer on his selection scale being revised from 1985 -86 to 1987 -88 vide order dt. 14/06/2000, since he has already retired from service in 2004, we consider it appropriate to take later option and consider as to whether he will be entitled to get any substantial relief in the light of change in seniority assigned to him in selection scale of RPS after being promoted against the vacancy of the year of 1987 -88 vide order dt. 14/06/2000.;