Judgment

D.P. Wadhwa, J.-Leave granted.

2. The appellant, who was a member of the Rajasthan Judicial Service (for short ‘RJS’), is aggrieved by the judgment dated September 17, 1997 of the Division Bench of the Rajasthan High Court dismissing his writ petition (CWP No. 3455/97) wherein he had prayed in effect that his case for promotion to the Rajasthan Higher Judicial Service (for short ‘RHJS’) be considered from the date when the posts in the RHJS fell vacant.

3. By the time the appellant filed the writ petition he had already superannuated on May 31, 1996. Prior to his retirement, posts in the RHJS were available in the promotional quota for promotion of the appellant. He had earlier filed writ petition (CWP No. 1544/96) in the High Court seeking his promotion. This earlier writ petition came up for admission before the High Court on May 27, 1996 and the following order was passed :-

“27.5.96:

Hon’ble Mr. M.G. Mukherji Actg. CJ.

Hon’ble Mr. Bhagwati Prasad J.

Issue notice, returnable four weeks after the summer holidays. Notice be given ‘dasti’ to the learned advocate.

We direct that even though the writ petitioner retires on 31.5.96, his case is to be considered alo