( 1. ) DURING the pendency of the petition in this Court, by an order passed on 30-10-1987, the petitioner has been relieved of her duties of the post in which she was working on that date. What is not denied is that she was holding the post of the Principal, Lady Health Visitors Promotee School (formerly known as Public health Orientation Training School, in short, PHOTC), Gwalior, and the fact also which is not denied is that in the School, training is given to the Lady Health Visitors and auxiliary Nurse-Midwives. Indeed, the only difference in the contention on two sides is that the persons receiving training in the Institution in question, according to the State, are only those persons who had been already in employment of the State for a period of five years and indeed, mainly on this basis, the case of the petitioner is sought to be taken out of the provision enacted by the State Legislature in Act No. 35 of 1984 of which relevant provision, we shall quote in due course. At this stage, suffice it to note the preliminary objection of the State that the petition has become intructuous because the petitioner has been duly retired from service with effect from 31-10-19