IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1874 OF 2005 (SS) Smt. Pushpa Sharma ……..Petitioner. Versus State of Uttaranchal and others. …Respondents. Mr. D.S. Mehta, Advocate for petitioner. Mr. N.P. Sah, Standing Counsel for State of Uttarakhand. Ms. Beena Pande, Standing Counsel for State of U.P. 11th November, 2009 Hon’ble Sudhanshu Dhulia, J. Heard Mr. D.S. Mehta, Advocate for petitioner, Mr. N.P. Sah, Standing Counsel for State of Uttarakhandand Ms. Beena Pande, Standing Counsel for State of U.P. This petition was filed by the petitioner praying that the order dated 22.10.2005 (Annexure -5 to the writ petition) be quashed. By the said Annexure, the appointment given to the petitioner under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (from hereinafter referred to as the Dying in Harness Rules, 1974) was cancelled. The petitioner, who was the wife of a work- charge employee in Irrigation Department was given appointment under Dying in Harness Rules vide order dated 26.7.2004, but subsequently vide order dated 22.10.2005, her services were terminated. This Court had granted an interim stay order on 16.12.2005. It has been brought to the notice of this Court that vide stay order, the impugned order has been stayed and 2 the petitioner is still continuing in service. During the period of pendency of the writ petition, a fresh order has been passed by the respondents on 10.11.2006 by which the petitioner’s services have been regularised and she has been absorbed in service as a regular class IV employee. This fact has been brought by the respondent by annexing the said order in Supplementary Counter Affidavit and making averments in the Supplementary Counter Affidavit. Learned counsel for the petitioner rightly says that based on these facts and averments, which have come from the respondents, he wants to withdraw the writ petition. The writ petition is dismissed as withdrawn accordingly. No order as to costs. (Sudhanshu Dhulia, J.) 11.11.2009 Rathour