SCA/756/1995 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 756 of 1995 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PK ADALAJA Versus GUJARAT POLLUTION CONTROL BOARD AND ANOTHER ========================================================= Appearance : MR RJ OZA for the Petitioner MR DG CHAUHAN for the Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 05/12/2007 ORAL JUDGMENT 1. Shri R.J. Oza, learned counsel for the petitioner, and Shri D.G. Chauhan, learned counsel for the respondent Board, jointly submit that this matter be disposed of with appropriate directions as the representation filed by the petitioner on 20th October, 2005 is awaiting its consideration by the competent authority of the Board. SCA/756/1995 2/3 JUDGMENT 2. Shri Oza, learned counsel for the petitioner, has submitted that the representation be directed to be decided within a stipulated time and the interim order granted earlier restraining the Board from reverting the petitioner be continued till the representation is decided. Shri Chauhan, learned counsel for the respondent Board has no objection if such order is passed. 3. In view of the aforesaid consensus between the learned counsel for the parties, following directions deserve to be issued in the interest of justice. (I) The competent authority of the respondent Board, i.e. Gujarat Pollution Control Board, shall decide representation of the petitioner dated 20th October, 2005 in light of the Gujarat Pollution Control Board (Recruitment) Regulation, 1999 and keeping in mind his earlier selection and continuation on the post within a period of eight weeks from the receipt of the order. (II) The interim order restraining the Board from reverting the petitioner from his existing post shall remain in force in view of the consent of Shri D.G. Chauhan, learned counsel for the respondent Board, till 15 days after the order on the representation is served upon the petitioner by the Board. SCA/756/1995 3/3 JUDGMENT 4. In view of the aforesaid directions, Shri Oza, learned counsel appearing for the petitioner, makes a request for withdrawing this petition at this stage with a liberty to approach the Court in case adverse order is passed. 5. Liberty as sought for is granted as the Court has not opined on merits and the petitioner is relegated to the authorities for deciding his representation. The petition is disposed of as withdrawn. Rule is discharged. (S.R.BRAHMBHATT, J.) omkar