MC 428/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. C. Chowdhury, learned Counsel appearing for the applicant in the Misc . Case No. 428/2011. Also heard Mr. K.D. Chetri, learned Counsel appearing for t he O.P./writ petitioner. Mr. M. Khatoniar, learned Standing Counsel, Department of Education represents the respondents 1 & 2. 2. The writ petitioner serving as an UDA in the Bajali College was an aspi rant for promotion to the post of Supervising Assistant in the college. But sinc e the applicant (respondent No.4) was shown as senior to the writ petitioner and a move to promote him to the post of Supervising Assistant was made, the writ p etitioner challenged the Resolution of the College Authorities for up-gradation of the applicant (respondent No.4) to the post of Supervising Assistant. 3. During the pendency of the case, the writ petitioner Khagendra Nath Chou dhury has retired from service on 30th June 2010 and accordingly this applicati on is filed for vacating the interim order passed by this Court on 16.3.2007, fo r facilitating the promotion of the applicant to the post of Supervising Assista nt. 4. Mr. Chetri, learned Counsel admits that the writ petitioner has since su perannuated from service on 30.6.2010 but points out that being the senior of th e two, he failed to get his deserved promotion to the higher rank. However consi dering that the writ petitioner is already superannuated and he can’t now be pro moted, the learned Counsel has no interest now to challenge the promotion being considered for the applicant. 5. Mr. M. Khatoniar, learned Standing Counsel submits that due to pendency of the case, the Director of Higher Education was not considering approval for t he applicant, for the recommended promotion. 6. Having considered the submissions made and the retirement of the writ pe titioner, I am of the considered opinion that the case should now be closed as t he writ petitioner can’t now be considered for promotion. The State respondents are accordingly directed to consider in accordance with law, the recommendation of the College Authorities for promotion of the applicant (respondent No.4), to the post of Supervising Assistant in the Bajali College. 7. The Misc. Case stands allowed accordingly.