SCA/8213/1988 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8213 of 1988 With CIVIL APPLICATION No. 2212 of 1995 In SPECIAL CIVIL APPLICATION No. 8213 of 1988 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE =============================================== 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 ? =============================================== B K PATEL MEDICAL OFFICER. Versus STATE OF GUJARAT & Others. =============================================== Appearance : MR NK MAJMUDAR for the Petitioner. MR KD PANDYA, AGP, for Respondents Nos.1 & 2. MR MD PANDYA for Respondent No. 3. MR BS PATEL for Respondent No. 3. =============================================== CORAM : HONOURABLE MR.JUSTICE A. L. DAVE Date : 15/02/2008 ORAL JUDGMENT SCA/8213/1988 2/3 JUDGMENT 1. The petitioner approached this Court, inter alia, seeking following reliefs:- “(a) Be pleased to admit this petition; (b) Be pleased to direct the respondents to accept the resignation of the petitioner from the date on which he has given the resignation i.e. from 7.6.88, by issuing a suitable writ, direction and/or order under Article 226 of the Constitution of India; (c) In the alternative, be pleased to direct the respondents to immediately give posting order to the petitioner, by issuing a suitable writ, direction and/or order under Article 226 of the Constitution of India; (d) Be pleased to direct the respondents to immediately pay the legitimate dues of the petitioner and sanction his leave as well as to pay him the provident fund amount, C.D.S., gratuity as well as the amount which he has spent on behalf of the Government as mentioned in Annexure N, by issuing a suitable writ, direction and/or order under Article 226 of the Constitution of India; (e) Be pleased to grant interim direction, directing the respondent No.2 to take immediate decision on the resignation letter of the petitioner at Annexure K as well as to pay him all the pending dues, inclusive of leave salary, provident fund amount, C.D.S., gratuity and the amount which he has spent on behalf of the Government as mentioned in Annexure N, by way of interim relief, till this petition is finally heard and decided by this SCA/8213/1988 3/3 JUDGMENT Hon'ble Court;” 2. Vide order passed on 15th December, 1988, by way of interim relief, it was directed that the petitioner shall submit his resignation in proper form with notice pay to respondent No.2 latest by December 20, 1988. It is clear from the order dated 29th December, 1988 that the learned Advocate for the petitioner had indicated to this Court that the petitioner had already submitted his resignation before the said date. There also was a direction upon respondent No.2 to take decision on the resignation in accordance with law within ten days from the date of submission of resignation. 3. It appears that no complaint is made by the petitioner about non-compliance by the other side. In that view of the matter, question of granting relief as prayed from in paragraph 12(b) or 12(c) does not survive. 4. Learned Advocate, Mr. Suthar, appearing for learned Advocate, Mr. Majmujar, for the petitioner states that he is not able to contact the petitioner nor has the petitioner ever contacted him for a long spell and no complaint is made. In this set of circumstances, the petition has become infructuous and stands disposed of accordingly. Rule is discharged with no order as to costs. 5. In view of the disposal of the main petition, Civil Application No.2212 of 1995 does not survive. It shall stand disposed of accordingly. [ A. L. DAVE, J. ] gt