IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 33 of 2007. Decided on: May 19, 2011. Gram Panchayat Bat Kalan. Versus State of H.P. & Ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the appellant: Ms Archana Dutt, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG and Mr. J.K. Verma, Dy. AG. for respondents No. 1 to 6. Mr. Ajay Sharma, Advocate, for respondent No.7. Mr. Anup Rattan, Advocate for applicants in CMP No. 510 of 2011. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Gram Panchayat Bat Kalan represented through the Pardhan was the petitioner in CWP No. 475 of 2002. The said writ petition was decided on 18.5.2007. Aggrieved, the Panchayat has filed an appeal. The learned Single Judge dismissed the writ petition with costs to the tune of Rs.3300/-. The matter pertains to the engagement of the 7th respondent in the writ petition as Gram Panchayat Sahayaki. Deciding in favour of respondent No.7, it was held that he should be reinstated within three weeks and he should also be entitled to all consequential benefits. Aggrieved, the Panchayat has filed the appeal. 2. During the pendency of the appeal, the new elections were held to the Gram Panchayat and a new Pardhan has assumed the office. The Panchayat has since taken a resolution dated 10.2.2011 to withdraw the appeal. When the matter was taken on 29.4.2011, the newly elected Panchayat Pardhan was also present before this Court and the following order was passed:- “Mrs. Rosi Devi, Pradhan, Gram Panchayat, Bat Kalan is present. The 7th respondent is also present. The Pradhan submits 2 that the post of Assistant Secretary is lying vacant. One Parveen Kumar is working as of now in the post of Secretary. It is submitted that the Gram Panchayat has no objection if the 7th respondent Ashok Kumar works as Assistant Secretary and the incumbent working as Secretary continuing as such. There will be direction to learned Deputy Advocate General to get instruction as to whether in the Gram Panchayat, Bat Kalan the post of Secretary and Assistant Secretary are available and whether the department has any objection in the proposal as now made by the Pradhan of the Gram Pancahayat. Post on 19.5.2011.” 3. The learned Deputy Advocate General on instruction received from Shri Piara Singh, Inspector Panchayat, Development Block Haroli, District Una, who is present before us submits that the posts of Secretary and Assistant Secretary are available. Therefore, we need not go into the other question as to whether the appeal should be pursued or not. The 7th respondent Ashok Kumar will be reinstated in service with all consequential benefits as ordered by the learned Single Judge and will be continued as Assistant Secretary and Shri Parveen Kumar will continue as Secretary. The order regarding costs is vacated. 4. The appeal is disposed of as above. All other applications are dismissed. (Justice Kurian Joseph), Chief Justice. May 19, 2011. ( Justice V.K. Ahuja), (vs) Judge.