( 1 ) THIS is a petition under Article 226 of the Constitution of India by Har Prasad Gupta for the issue of a writ of certiorari to quash the order dated 13-3-1961 of the State of Uttar Pradesh (communicated to the petitioner under Annexure l to the affidavit) and for such other and suitable order or direction as may be just and proper. A request was also made for the issue of a writ of mandamus to direct the respondent to treat the petitioner as having been appointed as district and Sessions Judge in pursuance of Rule 6 of the Uttar Pradesh Higher Judicial Service rules, 1953, as and from June 16, 1953, and to treat the petitioner as having been confirmed with effect from November 18, 1953, in the substantive vacancy caused on the retirement of Sri R. K. Chowdhary.

( 2 ) IT may at the very outset be observed that the present petition was filed on 13-7-1961 at the time the petitioner was in service and was posted at Bareilly as District and Sessions Judge, bareilly, but it could not be decided till his retirement. The petitioner retired from service on december 31, 1961, and is no longer in service. This fact shall be of importance in laying down whether the prese