ORDER : 1. In this appeal, the judgment of the Division Bench of Madhya Pradesh High Court in relation to confirmation of a promotee Additional District Judge is under challenge. The respondent, who had been promoted as Additional District Judge on officiating basis on 24th May, 1989, was found by the Full Court of the Madhya Pradesh High Court to be unfit for promotion on 2 or 3 occasions and ultimately by order dated 7.5.1994 he was reverted from his officiating post to his substantive post of Chief Judicial Magistrate. 2. It is this order which the respondent assailed by filing a Writ Petition and the learned Single Judge dismissed the said Writ Petition. But on an appeal being filed, the Division Bench was of the opinion that for a promotee the same criteria of probation should apply as is applicable in direct recruit and therefore on expiry of that period he is entitled to be confirmed. With this conclusion, the order of reversion having been set aside and direction to confirm him having been given, the High Court of Madhya Pradesh had come up in appeal to this Court. 3. During the pendency of this appeal, it appears that by order dated 13th August, 1998 the High Court of Madhya Pradesh has passed the order of confirmation of the respondent with effect from 1.5.1992 and subsequent thereto the services of the respondent have been dispensed with by compulsorily retiring him. In the aforesaid premises, we are not called upon to examine the legality of the impugned order of the Madhya Pradesh High Court. Leaving the point of law raised in this appeal open as in our view it is not necessary for us to examine and express any opinion on the same. The appeal is disposed of.