1. This Court (Coram: Anant S. Dave, J.), vide order dated 16.12.2011, has passed the following order:-
"Heard Mr. Mehul Rathod, learned advocate for the petitioner and it is submitted that the application for voluntary resignation of the petitioner is not considered on irrelevant ground of pendency of writ petition filed by the petitioner before this Court on other subject matter and no rule governing service condition of the employee like the petitioner prescribed or confer any power upon authority not to consider the resignation on such ground. Even subsequent issues of charge-sheet for the incident of the year 2007-2008 by the disciplinary authority is only with a view to see that the resignation of the petitioner is remained undecided.
Considering the above, issue Notice returnable on 18th January, 2012.
Reply any to be filed by the respondents prior to the above date, failing to which, order in accordance with law will be passed."
2. The record shows that respondent Nos.1 and 2 are served. However, respondent No.3 is unserved. Still however, no one appears for respondent Nos.1 and 2.
3. Mr.Rathod, learned counsel appearing for the petitioner submits that fresh notice may be issued to unserved respondent No.3.
4. Hence, fresh notice to respondent No.3, returnable on 03.02.2012. Direct service today is permitted.
(R.M.CHHAYA, J.) Hitesh Top