CLCON No. 217/2009 Hon’ble V.K. Bist, J. Mr. Mangal Singh Chauhan, Advocate for the petitioner. Mr. Dinesh Gahtori, Standing Counsel for the State. Rejoinder affidavit has been filed by the petitioner in the Court today. Same is taken on record. Heard and perused the record. This contempt petition has been filed by the petitioner for punishing the respondents for flouting this Court’s order dated 25.02.2009 passed in Writ Petition No. 194 of 2008 (S/B), by which direction was issued to respondent nos. 1 & 2 to consider the selection grade/ promotion of the petitioner from the date the same is due to him treating no adverse entry if the annual confidential remarks are not made available within a period of three months. The respondent no.1 has filed counter affidavit. In paragraph-3 of the counter affidavit the respondent has submitted that vide order dated 23.07.2009, issued by Secretary, Rural Develop0ment Department, Uttarakhand, the petitioner has been promoted from the post of Chief Development Officer to the post of Deputy Commissioner (Administration), Rural Development, Uttarakhand against the vacant post at Pauri. In addition to the averments made in the affidavit, learned Standing Counsel for the State has submitted that vide order dated 20th July, 2009, Shri J.R. Lapad, who was respondent no.3 in the writ petition, has been reverted in his original post as Chief Development Officer and has been posted at Chamoli. At this, learned counsel for the petitioner, Mr. Chauhan submitted that Shri J.R. Lapad has again been promoted on the post of Deputy Commissioner on 24th July, 2009. This Court is of the view that there remains no justification for further survival of the contempt petition, as J.R. Lapad, the respondent no.3 in the writ petition, has been promoted subsequent to the promotion of the petitioner. Learned Standing Counsel further informed the Court that no person, junior to the petitioner, was granted promotion prior to the petitioner. In view of above circumstances, the contempt petition is liable to be dismissed, and the same is dismissed. Notices issued against the respondents stand discharged. (V.K. Bist, J.) 11.05.2011 NCM: