' AJMAL MIAN, C.J.---This is an appeal with the leave of this Court against the judgment, dated 17- 6-1992 passed by a Division Bench of Lahore High Court in Writ Petition No,1925 of 1991 filed by the respondent, allowing the same by declaring that "the petitioner stands promoted to B.S.19 on regular basis w.e.f, 1-12-1986 and entitled to move-over to B.S.20 w.e.f, 1-12-1987 and the respondents are hereby directed to issue formal notification forthwith and grant him all the benefits following therefrom".
2. Leave to appeal was granted to consider whether the High Court was competent to upgrade any appointment without the approval of the Provincial Government particularly when the upgradation involved financial complication.
3. Mr. M. Zaman Bhatti, learned Advocate Supreme Court appearing in support of the appellant has vehemently contended that the impugned judgment is not in accordance with law and, therefore, it should be set aside. However, we have noticed that the respondent had already been retired from service w.e.f, 5th April, 1991 and the High Court had now been conferred with the power to create/upgrade any appointment by means of itself since 1995
4. Since the respondent has already stood retired and as the High Court has acquired the necessary powers to upgrade the post though in 1995, in our view it is not a fit case where we should examine the vires of the above order of the High Court. The appeal is accordingly dismissed and leave granting order is recalled.