WP(C) 6701/2003 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. M Nath, learned counsel for the petitioner and Mr. Adhikari, learned S tate Counsel, Assam for the respondent Nos. 1 & 2. Also heard Mr. HK Das, learne d counsel for the respondent No. 3. The instant proceeding witnesses a challenge to the order dated 06.06.2003 of th e Commissioner and Secretary to the Govt. of Assam, Soil Conservation Department , Dispur, promoting the respondent No. 3, the then Addl. Director, Soil Conserva tion Department, Dispur to the post of Director of the Department. At the time of issuance of rule, no interim order was passed. The parties have e xchanged their pleadings. In course of the arguments, it has transpired that bot h the petitioner and the respondent No. 3 have since retired from service. To be specific, the petitioner has retired 2/1 years back. Mr. Nath, on being queried by this Court submits that he is also without updated instructions. In the above view of the matter and having regard to the time lag in between as well as the developments noticed hereinabove, it is not considered necessary at this distant point of time to embark upon a process of adjudication on merits. N o costs.