1. During the pendency of petition being Special Civil Application No.5945 of 2011, the petitioner came forward with present application seeking below mentioned directions:
"9(A) YOUR LORDSHIPS may be pleased to allow the present application.
9(B) YOUR LORDSHIPS may be pleased to direct the opponents herein not to promote any juniors to the present applicant to the posts of Joint Registrars during pendency of the aforementioned petition;
ALTERNATIVELY 9(C) YOUR LORDSHIPS may be pleased to direct the opponents herein to keep one post of Joint Registrar vacant during pendency of the aforementioned petition."
2. After hearing the parties concerned, the Court (Coram:A.S.Dave, J.) passed order dated 05/12/2011 which reads thus:
"Considering the facts and circumstances of the case and what is recorded in paragraph 2 of the order dated 4th October 2011, and the law laid down by the Apex Court in the case of Dev Dutt vs. Union of India, reported in AIR 2008 SC 2513, that in a case where benchmark for promotional post and the criteria is extraordinary or outstanding, non-communication of remarks 'good' is detrimental to the future prospectus of the employee, there is no answer to the proposition of the law laid down by the Apex Court.
Hence, Rule returnable on 11.1.2012.
By way of interim relief, it is directed that, if the petitioner is otherwise eligible to be considered for the promotional post, non-communication of remarks 'good' by the Reviewing Authority will not come in the way for considering his case.
Direct service is permitted."
3. In view of the facts and circumstances of the case, any further order or direction are now not required.
4. Present application stands disposed of in terms of order dated 05/12/2011.
(K.M.THAKER, J.) (ila) Top