WA 50/2009 BEFORE HON’BLE THE CHIEF JUSTICE J.CHELAMESWAR HON’BLE MR. JUSTICE A.C.UPADHYAY When the matter is taken up today, Mr.AS Choudhury, learned senior counsel, appe aring for the appellant, submitted that the Respondent No.4 died during the pend ency of the present appeal. Essentially, the dispute in the present litigation i s the entitlement of the appellant vis-à-vis the said respondent for promotion t o the post of Head Assistant in the office of the Joint Director of Health Servi ces, Dhubri. Whatever be the tenability of the appeal, the fact remains that in view of the death of the 4th respondent, whose promotion, in fact, is the subjec t matter of challenge in the present litigation, nothing survives for adjudicati on by this Court in the instant appeal. The appeal is, therefore, closed. It is open to the State to fill up the post of Head Assistant, which is the subj ect matter of dispute, in the present litigation, in accordance with law.