K.Bangaraiah, Ukkunagaram, Visakhapatnam v. The Asst.Inspector General/.Estt-I,. Cisf, New Delhi And 5 Ot

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.447 OF 2008 ORDER:

This writ petition was filed challenging the order dated 22.01.2007 rejecting the representation of the petitioner for promotion. He has submitted a representation stating that his case was overlooked when his juniors were promoted in the year 2000.

A perusal of the order of rejection, dated 22.01.2007, indicates that though DPC considered the case of the petitioner along with others, he was continuously found 'NYE' from 2000 to 2002 and his juniors were found fit and accordingly they were promoted. Though in the year 2003, the DPC was called for upto PSL No.193-A, as the PSL number of the petitioner is 732, the DPC was not conducted. In respect of the subsequent years for 2004 to 2006, no DPC was conducted for promotion to the head constable for want of vacancies in the said rank. Now when the matter is taken up for consideration, the learned counsel appearing for respondents submits that the petitioner was promoted on 03.12.2009 and in view of the same, the cause of action does not survive.

However, this will not prevent the petitioner from agitating his rights, if any, in separate proceedings. The writ petition is accordingly dismissed as infructuous. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs. __________________________ A.RAMALINGESWARA RAO, J 21.11.