IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 275 of 2008 Decided on : 21.3.2011 Vinod Kumar Sharma …Petitioner. Versus State of H.P. & Ors. …Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. P.P.Chauhan, Advocate. For the Respondents : Ms. Ruma Kaushik, Additional Advocate General with Mr. J.S.Rana, Asstt. A.G. Kuldip Singh, Judge (Oral) The petitioner in the petition has prayed quashing of Annexure A-2 dated 16.11.2006 and Annexure A-4 order dated 28.12.2007 whereby the representation of the petitioner for pre- mature retirement has been rejected. The learned Additional Advocate General has stated that the petitioner has been dismissed from service on 4.3.2008 and, therefore, the petition does not survive. The learned counsel for the petitioner has submitted that the petitioner has already challenged his dismissal in another petition which is pending. The prayer made in the present petition is for quashing Annexure A-2 and Annexure A-4 and also for a direction to the respondents to re-consider the request of the petitioner for pre- mature retirement with effect from the date of his request for 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 retirement and in the alternative, direct the respondents to take the petitioner as having deemed retired with effect from the date mentioned by him in the petition for premature retirement. 2. The petitioner has since been dismissed from service as contended by the learned Additional Advocate General, therefore, prayers made in the petition cannot be granted to the petitioner. The petitioner has already challenged his dismissal in another petition which is pending and his rights will be determined by the ultimate decision of the Court in that petition. The learned counsel for the petitioner has submitted that the cause of action for filing this petition was different but since the petitioner has been dismissed from service, therefore, in view of dismissal of the petitioner, the petition as of today has become infructuous and is accordingly dismissed. ( Kuldip Singh ), March 21, 2010. Judge. (GR)