Union of India and Ors v. Mohd. Ayub

1. None appears for the respondent...... Respondent

2. Learned counsel for the petitioners says that in all probability the respondent did not appear in Court for the reason he has since been promoted as a Stenographer Grade-11 in the Indian Military Academy and has deposed through an affidavit on July 12, 2013. Counsel states that the -. affidavit in original has been submitted to the department.

3. Photocopy of the affidavit has been handed over in Court. It read as under: BEFORE THE HON'BLE DELHI HIGH COURT, NEW DELHI IN THE WE(C) 2741/2012, IN CM N0.5837/2012 (FOR STA}j PETITIONER UOI&OTHERS RESPONDENT MOHD.AYUB WP.(C) 2741/2012 Page 1 of[2] 2013:DHC:7403-DB Affidavit of Shri Mohd Ayub Slo Shri Mohmad Yaseen R/o Kawanli Road, Dehradun Deponent I, the above named deponent do hereby declare as under:

1. That the deponent had filed OA No.160812011 before Hon 'ble CAT(PB) New Delhi against the selection process of DPC held on 15 Nov. 10 as well as direct recruitment ofSteno Grade-Ill

2. That the aforesaid OA was disposed offby the Hon 'ble CAT, New Delhi vide their order dated 19 Dec. 2011.

3. That the deponent has been promoted in the post of Steno Orade-ll at Indian Military Academy Dehradun wef28 Feb 2013.

4. That the deponent has no grievances with reference to OA No. 160812011 which was disposed off by Hon'ble CAT, New Delhi vide order dated 19 Dec. 2011. Station: Dehradun

4. Relying upon the assurance of the petitioners through their counsel and taking on record the photocopy of the affidavit statedly deposed to by the respondent we dispose ofthe writ petition without adjudicating the issue on merits but simultaneously declaring that the petitioners stand relieved of the obligation to comply with the decision dated December 19, 2011 disposing ofOriginal Application No.l608/2011 filed by the respondent.

5. No costs. C.M No.5897/2012 Dismissed as infructuous.

AUGUST 22, 2013 WP.(C) 274112012 PRADEE~J:;OG,J. ~-~..

V. K.AMESWAR RAO, J.