1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5785/95 Santosh Kumar Gangwal & Anr. vs. Central Bank of India & Ors. Date of order : 28/1/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Manoj Kumar Sharma with Shri Kapil, M. Chandra ) Shri Sohan Lal ) for the respondents. ****** No one has been appearing for the petitioner for the last number of dates. The matter was considered on the basis of pleadings of the writ petition and the arguments of learned counsel appearing for the respondents. The petitioner filed this writ petition with the prayer that action of the respondent-bank in making promotion of respondent no.3 Shri Suresh Grover on the post of Advanced Ledger Posting Machine Operator (ALPMO) be declared illegal and that the respondents be directed to consider candidature of the petitioner and similarly situated candidates for posting them on the post of ALPMO against available vacant posts. 2 It is contended in the writ petition that respondent no.3 was not eligible to be appointed as ALPMO becuase he did not appear for selection, whereas petitioner as well as other 13 Clerks appeared. Moreover respondent no.3 was liable to be debarred for promotion because when he was promoted from the post of Clerk to Head Cashier and posted in rural area, he refused to accept that promotion. Shri Manoj Kumar Sharma, learned counsel for the respondents submits that the post of ALPMO is a preferred post for the reason that it carries special pay of Rs.350/- per month and posting on that post is made in urban areas and cities whereas in the case of Head Cashier even though the special pay allowance is somewhat more, but the incumbent posted on that post have to gone anywhere including the rural areas. Learned counsel denied that respondent no.3 did not appear for ALPMO. The respondent no.3 was debarred at the time he declined promotion. When respondent no.3 was offered the post of Head Cashier by letter dated 16.12.93, being senior to the petitioner, he declined the 3 offer. He was debarred by order dated 31.12.1993 for one year as per the policy. He was again offered such posting by order dated 10.2.1995, which he refused and then again by letter dated 24.2.1995, he was debarred from all posts attracting special allowances. Subsequently, instructions were recieved to fill in the post of ALPMO from the panel prepared on 21.12.1995. Learned counsel submitted that it is this panel of which reference has been made by the petitioner. In the panel, the name of respondent no.3 appears at S.No.1, whereas name of petitioner appears at S.No.3. Subsequently, the petitioner was offered the post of ALPMO by order dated 21.12.96, which he did not deny. Later on, by order dated 11.9.09, he was posted as Head Cashier in Mahuwa Branch as per the seniority. These two documents are taken on record. In view of the subsequent developments, now possibly no useful purpose would be served by keeping this petition pending since the petitioner for obvious reasons has lost interest in the petition and also in between secured the posting as ALPMO and 4 thereafter as Head Cashier. In these circumstances, the writ petition is disposed of with the aforesaid observations. A copy of this order be endorsed to the petitioner for information. (MOHAMMAD RAFIQ), J. RS/