MC 486/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B. LOKUR HON’BLE MR JUSTICE H. BARUAH Respondent No.6 has moved this application for vacation of the interim o rder passed on 24-2-2010. By the aforesaid order the parties were directed to maintain status quo. The case pertains to promotion to the post of Supervisory Kanungo for wh ich selection was held on 26-2-2009. The Selection Committee had apparently gone through the ACRs, Special Report, Performance in Special Training, Gradation li st, Service Book etc for the candidates and had recommended one Mozammel Hussain and respondent No.6 for promotion. This was challenged by the appellant on the ground that he was senior to respondent No.6. However, when the matter was taken up for final hearing on 27-1-2010 the re was no appearance on behalf of the appellant. It was noted by the learned Sin gle Judge that even on the earlier occasion, that is on 18-1-2010 there was no a ppearance on behalf of of the appellant. After going through the records of the case and hearing learned counsel for respondent No.6, the learned Single Judge dismissed the writ petition filed by the appellant and that is why the appellant is now before us. The limited issue for us is regarding vacation of the stay earlier grant ed. The Selection Committee was held as far back as on 26-2-2009 and it had recommended the promotion of respondent No.6 to the post of Supervisory Kanungo. We are of the view that no useful purpose will be served by keeping the post va cant. If there is merit in the writ appeal, the appellant can get the benefit of the judgment passed by the learned Division Bench but by keeping the post vacan t nobody’s interest will be served. Under the circumstances we modify the interim order passed on 24-2-2010 and make it clear that the respondents may make the promotions to the post of Su pervisory Kanungo but that will be subject to the outcome of the writ appeal. The Misc Application stands disposed of in terms of the above.