IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.18979 of 2009 Date of decision : 29.3.2011 Sh.Raj Kumar Gupta and others ....Petitioners Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Akshay Bhan, Advocate for the petitioners. Mr.Harish Rathee, Sr.DAG, Haryana for respondents No.1 to 3. Mr.Ravi Sharma, Advocate for respondents No.5 and 9. ..... MAHESH GROVER, J. Affidavit of Shri K.S.Gill, Addl. Transport Commissioner, Haryana has been filed in Court today and the same is taken on record. It has been stated in para 4 thereof that the controversy has since been settled and all the petitioners as also the private respondents have been assigned seniority as Assistant Secretary from the date from which they were actually entitled on the basis of joint seniority list of Assistant/Transport Sub Inspector/Junior Auditor/Accountant prepared under Haryana Transport Department. The said paragraph is extracted here below :- C.W.P.No.18979 of 2009 -2- “That with a view to settle the long pending litigation, the matter has been reconsidered as per seniority-cum-merit and all the petitioners including private respondents have been assigned seniority as Assistant Secretary from the date they were actually entitled on the basis of joint seniority list of Assistant/Transport Sub Inspector/Junior Auditor/Accountant prepared under Haryana Transport Department, Transport Commissioner's office Group 'C' Service Rules, 1988. copy of order is attached as Annexure R-1 with the reply of additional affidavit. As regards, the filling up the post of Statistical Assistant is concerned, the same will be filled up as per the notified rules of the department after the final disposal of the present CWP.” Learned counsel for the State contends that in view of the aforesaid the instant petition has been rendered infructuous. Learned counsel for the petitioners contends that the instant petition may be disposed of in view of the subsequent order which has been passed with liberty to file a fresh one in the eventuality of some grievance subsisting to him. Disposed of with the liberty aforesaid granted. 29.3.2011 (MAHESH GROVER) JUDGE dss