IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1179 of 2003 Krishna Bahdur Rana …….Petitioner. Versus Uttaranchal Power Corporation and another …..Respondents Mr. Gopal Narain, Advocate for the petitioner. Ms. Jyoti Joshi, Advocate holding brief of Mr. B.D. Upadhyay, Advocate for the respondents. Hon’ble Sudhanshu Dhulia, J. (oral) Heard learned counsel for the petitioner as well as learned counsel for the respondents at length. The petitioner is an employee of Uttarakhand Power Corporation. He has filed this Writ Petition as he was seemingly aggrieved by the action of his employer i.e. the Uttarakhand Power Corporation, who had promoted persons junior to the petitioner without considering the claim of the petitioner on the next higher post of Office Assistant Grade II. The Power Corporation has filed its counter affidavit as well as the supplementary counter affidavit, wherein in sum and substance the Power Corporation has stated that the entire grievance of the petitioner before this Court is totally misconceived inasmuch as promotions have been done only upto Serial No. 18 of the seniority list which is being relied upon by the petitioner, whereas the name of the petitioner finds mention at Serial No. 19. Since no one in the seniority list below Serial No. 19 has been promoted, the entire claim of the petitioner is misconceived. Moreover, the petitioner has not made any specific averment in the writ petition as to who are those juniors who have been promoted discarding the claim of the petitioner. None whatsoever has been impleaded as a party in the Writ Petition. On the basis of these unrebutted averments in the counter affidavit, this Court is of the view that this Writ Petition is entirely misconceived. 2 A statement has been made at the bar by Sri Gopal Narain, Advocate for the petitioner that during the pendency of the Writ Petition the petitioner has reached the age of superannuation and has retired from service. For the foregoing reasons, this Writ Petition has absolutely no merit. The same is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 30.7.2010 Avneet