CWP No. 604 of 2009 7.10.2010 Present: Mr. Karan Singh, counsel for the petitioner. Mr. Ramesh Thakur, Assistant A.G. for respondent No.1. Mr. Vijay Chaudhary, counsel for respondent No.2 CMP No. 9394 of 2010 & CWP No.604 of 2009 Heard and gone through the record. Respondent No.2, who was working as Junior Engineer in HP. PWD in the year 2008, was promoted against a newly created post of Assistant Engineer and posted at Chopal. Notification regarding creation of post, against which the respondent was promoted, said that promotion would be subject to the condition that the promoted person remained posted at the place for which the post had been created, i.e. Chopal, for two years. Within six months of promotion and posting, respondent No.2 was ordered to be shifted to Katrain, from which place he had been transferred on promotion and the present petitioner, who had yet not completed his tenure of three years, was posted in his place at Chopal. Petitioner challenged the order, by filing the present writ petition. Impugned order of transfer Annexure P-4, was stayed by this Court vide order dated 6.3.2009. CMP No. 9394 of 2010 has been moved with a prayer that the writ petition be dismissed as having become infructuous, owing to lapse of time. It is stated that the period of two years for which respondent No.2 was supposed to remain posted at Chopal has expired and also the petitioner has completed his tenure at Katrain. In view of above said position, CMP No. 9394 of 2010 is allowed and consequently, writ petition is dismissed as infructuous. However, it is ordered that fresh orders of transfer and posting shall be issued because the earlier order Annexure P-4 was contrary to the order of creation of post at Chopal, against which respondent No.2 was promoted and posted. Both the CMP and the writ petition stand disposed of. October 7, 2010(vt) (Surjit Singh), J