IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.17822-CII of 2014 in/and CM No.12751-CII of 2011 in COCP No.704 of 2009 Date of decision:27.08.2014 Dr. Kuldip Singh ......Appellant(s) Versus Rakesh Singh & anr. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local newspapers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? * * * Present: Mr. C.L. Pawar, Advocate for the appellant(s). Mr.K.S. Pannu, DAG, Punjab. Rakesh Kumar Garg, J. (Oral) CWP No.16545 of 2008 was disposed of by this Court vide order dated 17.9.2008 observing as under: “Learned counsel for the petitioner submits that the representation filed by the petitioner (Annexure P-10-A) be decided expeditiously by taking into consideration the instructions (Annexure P-11). After hearing learned counsel for the petitioner, we dispose of this writ petition with a direction to Respondent No.1 to decide the representation (Annexure P-10/A) within a period of six months from the date of receipt of certified PUSHPINDER SAINI 2014.09.08 14:58 I attest to the accuracy and integrity of this document High Court Chandigarh copy of this order.” Sd/-Ashutosh Mohunta, Judge. Sd/- Rajan Gupta, Judge.” The petitioner filed contempt petition i.e. COCP No.704 of 2009 alleging non-compliance of the aforesaid order passed in CWP No.16545 of 2008. The said contempt petition was disposed of by this Court vide order dated 27.7.2009 observing as under: “It is not in dispute that vide order dated 22.07.2009 the respondents have passed a speaking order in compliance of the orders passed by this Court in CWP No.16545 of 2008. In the aforesaid order it has been mentioned that the name of the petitioner shall be considered for promotion to the post of Associate Professor in the Biochemistry Department and will be included in the agenda for promotion in the Promotion Committee in the near future. In view of the aforesaid position, I am not inclined to proceed further in this contempt petition. Rule discharged. However, if the name of the petitioner is not considered in future, the petitioner shall be at liberty to revive this contempt petition.” It is relevant to mention at this stage that the respondents moved CM No.12751-CII of 2011 making a prayer to withdraw the affidavit filed in the Court which led to passing of the order dated 27.7.2009 PUSHPINDER SAINI 2014.09.08 14:58 I attest to the accuracy and integrity of this document High Court Chandigarh disposing of the contempt petition. During the pendency of the said application, it came on record that a meeting of the Department Promotion Committee was held and in pursuance thereof one Dr. Chitranjan Vij was promoted as Associate Professor. It was further brought to the notice of this Court that said Dr. Chiranjan Vij also filed CWP No.10210 of 2011 in this Court challenging the order dated 26.5.2011. During the pendency of the said application, the petitioner was allowed to join on the promotional post of Assistant Professor re-designated as Associate Professor against a higher vacant post of Additional Professor at Govt. Medical College Amritsar, and the petitioner joined as such. Thereafter, the aforesaid application was adjourned sine die. Now an application i.e. CM No.17822-CII of 2014 has been filed by the petitioner seeking fixation of the date for hearing of the aforesaid application filed on behalf of the State. Admittedly, the petitioner has already retired from service on attaining the age of superannuation. In view thereof, this Court is of the opinion that nothing survives in the application filed on behalf of the State as well as in the application filed by the petitioner. Thus, CM No.12751-CII of 2011 is also taken on Board and both the applications are hereby dismissed. Needless to say that if the petitioner has any grievance with regard to his pay protection etc., he may avail that remedy in accordance with law. August 27, 2014 (RAKESH KUMAR GARG) ps JUDGE PUSHPINDER SAINI 2014.09.08 14:58 I attest to the accuracy and integrity of this document High Court Chandigarh