S.B.Civil Writ Petition No.1329/1995 Gulab Chand Duggar Vs. State & Ors. Date of order : 19.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. Sandeep Saxena for petitioner. Ms. Priyanka Pareek, Dy. Government Counsel for State. On 12.02.2009, the Court has passed the following order :- “Counsel for the petitioner submits that in this case the joint charge sheet under Rule 18 was issued on 16th of January 1992 but the final outcome is not known to him. The further relief is of promotion to the post of Executive Engineer which will depend upon the result of the inquiry. Counsel for the State is also not in a position to make any submission on the aforesaid issue. Both the counsels may seek instruction on the aforesaid issue. Put up on 18.02.2009.” But none of the counsel is in a position to submit about the inquiry, except the fact that the original petitioner expired on 2nd of November 1996 and his legal representatives were subsequently brought on record. So in such type of cases the inquiry is dropped with the expiry of the incumbent. In the aforesaid facts and circumstances, the respondents are directed to consider the case of the original petitioner to the post of Executive Engineer (Civil) from the date when his immediate juniors have been promoted and in case the petitioner found - 2 - suitable against any of the year prior to 1996, then he shall be given deemed promotion and the consequential benefit of notional fixation as well as fixation of pension be made within a period of three months from today. Accordingly the writ petition is disposed of. (PREM SHANKER ASOPA),J. Gandhi H/1