LPA No. 1315 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1315 of 2010 Date of decision: 1.11.2010 State of Punjab Appellant Versus Harbhajan Lal Sharma Respondent CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Rajesh Bhardwaj, Addl. Advocate General Punjab RANJAN GOGOI, J. : (Oral) The respondent-writ petitioner was promoted from the post of clerk to that of Assistant on 20.10.1968. On such promotion, he was designated as Assistant B Grade. Contending that there was no post of Assistant B Grade, the respondent had filed C.W.P. No. 3472 of 1995 which was referred to the Lok Adalat. The Lok Adalat came to the finding that, at the relevant time, there was no post of Assistant B Grade and therefore, promotion of the respondent-writ petitioner is required to be treated as promotion to the post of Assistant A Grade to which post the respondent- writ petitioner was promoted in the year 1971. Assailing the order of the Lok Adalat the writ petition out of which this appeal had arisen has been filed by the State. The learned Single Judge hearing the writ petition noted the relevant facts on the basis of which the Lok Adalat came to the conclusion that at the relevant time there was no post of Assistant B Grade. In this LPA No. 1315 of 2010 2 regard learned Single Judge specifically took note of memo dated 9.9.1968 (Annexure P-4) creating some posts of Assistants. The learned Single Judge found that there was no mention of the post of Assistant Grade B in the said memo. In these circumstances the writ petition was dismissed and the order of the Lok Adalat was maintained. At the hearing, we have been informed that instructions have been conveyed to the learned counsel for the appellant that the respondent writ petitioner is no more. Keeping in mind the totality of the circumstances of the case and the basis of the conclusions recorded by the learned Single Judge, we do not consider the present appeal to be fit for admission. Consequently, admission is refused and the appeal is dismissed. C.M. No. 3980 of 2010 As the L.P.A. filed by the State has been dismissed by order passed today, no order is required to be passed on the condonation application. (RANJAN GOGOI) JUDGE (RAJAN GUPTA) JUDGE November 1, 2010 RSK NOTE: Whether to be referred to the Reporter or not? _____