SCA/15776/2003 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 15776 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 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 ? No 5 Whether it is to be circulated to the civil judge ? No ========================================================= H.D.VYAS - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR PARESH UPADHYAY for Petitioner(s) : 1, Mr. H.K. Makwana, AGP, for Respondent(s) : 1 - 2. RULE SERVED for Respondent(s) : 3 MR DA BAMBHANIA for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 14/03/2008 ORAL JUDGMENT In view of the subsequent developments, the learned counsel for the petitioner submits that the SCA/15776/2003 2/2 JUDGMENT petition is rendered infructuous for which a submission is made in writing. The learned counsel for the petitioner has submitted that the subject matter of the petition is the seniority dispute between the petitioner and respondent Nos. 3 and 4. During the pendency of the petition, all three were promoted from the post of Deputy Secretary to the post of Joint Secretary (in Legal Department) vide order dated 30.10.2004. Thereafter, respondent No. 3 has died on 8.4.2006 and respondent No. 4 has retired on attaining the age of superannuation with effect from 30.6.2005. At present the petitioner is working as Secretary to the Government, Legislative and Parliamentary Affairs Department. Thus, the adjudication of controversy of this petition, at this stage, shall be academic. Under these circumstances, the petitioner does not intend to press this petition at this stage and prays for disposal of the petition as not pressed. In view of the above submissions, the petition is not pressed at this stage and is disposed of as infructuous. Rule is discharged. (BHAGWATI PRASAD, J) (pkn)