CWP(T) No. 6686 of 2008 03.09.2010 Present: Mr. Rakesh Jaswal, Advocate, for the petitioner. Mr. Rajesh Mandhotra, Dy. Advocate General for the respondents/State. This petition was filed in the year 2000 with the following prayers:- “(i) That the Respondents be directed to promote the Applicant to the post of Deputy Director of Education. (ii) That the Respondents be directed to implement the criteria and the conditions laid-down by the Respondents themselves for promotion to the post of Dy. Director of Education. (iii) That the Applicant be kindly promoted to the post of Deputy Director of Education from the date the post of Deputy Director of Education became vacant. (iv) That the Respondents be directed to fill up the four posts of Deputy Director of Education which are lying vacant in the Education Department.” 2. No interim orders were passed in favour of the petitioner at the time when notice was issued. On 7.3.2007 following order was passed in this petition:- “M.A.3035/2000 Heard. The interim relief claimed herein is the same which has been claimed in the original application. Such relief cannot be granted at this stage. This application is, therefore, dismissed. O.A. 1763/2000 Reply not filed. On the request of the learned Addl. Advocate General, one more but last opportunity of 3 weeks is granted to file reply. In the meanwhile, the learned counsel for -2- the applicant may also seek instructions from the applicant (who might have retired from service by now) whether she is still interested in pursuing this O.A.. List this case on 28.03.2007.” 3. On 28.3.2007 learned counsel informed the Court that he has not received any instructions. On 1.12.2009 the matter was admitted by this Court. 4. The post of Deputy Director is to be filed up by the Government. Petitioner can only have a right for consideration for such appointment but no mandamus can be issued, on the petitioner’s asking that the post be filled up, more so for the reason that petitioner retired within one year of her having filed the petition. 5. It cannot be said that today any legally enforceable right of the petitioner stands violated. Hence the present petition is dismissed. (Sanjay Karol), Judge. September 3, 2010 (PK)