1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL WRIT PETITION NO.6776 OF 2003 Shahu Rajaram Gaikwad .. Petitioner -versus The Chief Executive Officer, Zilla Parishad, Solapur & ors .. Respondents Mr. Abdul Reib i/b Mr S.G. Kudle, for the petitioner Mr. Nitin Jamdar , for the respondent No.1. Mr S.D. Rayrikar, AGP for the respondent No.3. CORAM: B. H. MARLAPALLE & SMT R.S.DALVI, JJ DATED: September 23, 2009 P.C. 1. Vide order dated July 24, 2009, we had directed to issue fresh notice to respondent No.5, returnable after six weeks. 2. Latest notings on the Farad Sheet, indicate that the Bhatta charges were not remitted and hence notice to respondent No.5 could not be issued. 3. We had called upon Mr. Nitin Jamdar, learned counsel for the respondent Nos l & 2 to take instructions whether the 2 grievance of the petitioner was redressed by way of settlement or in any manner. Mr. Abdul Reib, i/b Mr.Kudle, learned counsel for the petitioner submitted that the petitioner did not contact him for a long time and therefore, he is not aware as to whether the grievance of the petitioner was redressed or not. 4. Mr. Jamdar, learned counsel for the respondent Nos 1 & 2 has placed before us, a copy of the fax message, he has received from the Chief Executive Officer, Zilla Parishad, Solapur which states that the petitioner was promoted to the post of Junior Assistant as per order passed by the Chief Executive Officer on 5.8.2006 and pursuant to the said order of promotion, the petitioner joined the higher post and presently he is working at Primary Health Centre, Borgaon, Taluka: Malshiras, District: Solapur as Junior Assistant. The substantial prayer in the instant petition is for directing the respondent Nos l & 2 to promote him to the post of Junior Assistant in the light of statement at para 4 of the appointment order dated 31.l0.1996. 5. During the last three years or so, the petitioner has not filed any Civil Application, raising the grievance of his deemed seniority in the post of Junior Assistant and therefore, it is to be presumed that the petitioner is satisfied by his promotion to the post of Junior Assistant as per the order dated 5.8.2006 and nothing further survives in this petition. Hence the petition is disposed off. 3 Rule is made absolute in terms of the promotion order dated 5.8.2006. No order as to costs. (SMT. ROSHAN S. DALVI, J) (B.H. MARLAPALLE, J)