SCA/3840/2004 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3840 of 2004 with CIVIL APPLICATION No.13128 of 2007 in SPECIAL CIVIL APPLICATION No. 3840 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE M.S.SHAH and HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================= 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 ? ========================================= JAY M VYAS - Petitioner(s) Versus CHAIRMAN & 1 - Respondent(s) ========================================= Appearance : Mr.RAMAKARISHNAN for Ms RV ACHARYA for Petitioner(s) : 1, MR AD OZA for Respondent(s) : 1 - 2. ========================================= CORAM : HONOURABLE MR.JUSTICE M.S.SHAH and HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 23/04/2008 SCA/3840/2004 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE M.S.SHAH) Having regard to the fact that the petitioner has already resigned from the institution with effect from 31st December 2007, that the petitioner's resignation has been accepted by the management, and also as stated by Mr.A.D. Oza, learned advocate for the respondent-management, experience certificate has been issued by the management and the petitioner has also been asked by the management to collect his service book, we are of the view that this petition need not remain pending for the petitioner's claim regarding transfer of Provident Fund Account or withdrawal from Provident Fund Account and for his claim regarding increments on his completion of two years and arrears of salary on that count. We relegate the petitioner to approach the appropriate forum for the last grievance. 2. Mr. Ramakrishnan for Ms.R.V. Acharya for the petitioner, however, submits that the experience certificate by the management is not in consonance with the spirit of settlement between the parties and that the service book is still lying with the management. 3. In view of the above, we direct that if and when the petitioner approaches the respondents with the above two grievances, the respondents shall redress the same as expeditiously as possible and SCA/3840/2004 3/3 JUDGMENT in any case within 15 (fifteen) days thereafter. In case the petitioner still has any grievance, it will be open to the petitioner to move this Court in case of difficulty. 4. The petition is accordingly disposed of. Rule is discharged. Subject to the above order, the other previous interim orders are vacated. 5. Mr.A.D. Oza, learned advocate seeks leave to withdraw Civil Application No.13128 of 2007. Leave as prayed for is granted. The Civil Application accordingly stands disposed of. (M.S. SHAH, J.) (RAVI R. TRIPATHI, J.) karim