1. The petitioner has taken out present petition seeking below mentioned relief/s:-
"7 (A)......
(B) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction declaring the action of respondents herein, of not calling the petitioner herein for the recruitment of the post of PSI (Wireless) in the year 1992 and thereafter, time to time, ignoring the legal rights as well as mandate of the notification issued by Government of Gujarat dated 10.6.1992 (Annexure-E), the petitioner ought to have been appointed or promoted to the post of PSI (Wireless) in the year 1997 as per recruitment process or 1998 as per promotion rules, is illegal, arbitrary, capricious, perverse, unconstitutional, non-est, non-operative and against the established canon of service jurisprudence.
(C) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents herein to deem the petitioner herein be promoted on higher post that would have been achieved by the petitioner herein, if he were selected and appointed in the year 1992 or promoted in the year 1998 as per the notification issued by Government of Gujarat on 10.6.1992 (Annexure-E) as PSI (Wireless) in retrospect viz. either from the 1992 or from 1993 onwards and promote him to the said higher post with the consequential monetary benefits that have been attached to the higher post that would have had by the petitioner herein time to time, if he were either selected / appointed in the year 1992 or promoted from 1993 onwards.
(D)......"
2. At the end of his submission Mr. Parghi, learned advocate for the petitioner submitted that the petitioner is willing to make detailed representation putting forward his grievance about denial of promotion and denial of opportunity and consideration of promotion to the petitioner, though according to the petitioner, he is eligible in view of the Rules governing promotion in the department as well as in light of the reservation policy. However, for reasons not known to and / or not conveyed to the petitioner, he has not been promoted since 1992 - 1993.
Mr.
Parghi, learned advocate for the petitioner submitted that the petitioner will make appropriate detailed representation for the aforesaid purpose which may be considered and decided by the competent authority and for that purpose the petitioner, at this stage seeks permission to withdraw present petition.
3. Having regard to the said submission and request by the learned advocate for the petitioner, request to withdraw the petition is granted.
The petition stands disposed of as withdrawn.
It would be open to the petitioner to make request by way of representation to the competent authority with reference to his grievance.
If such representation is made, the competent authority will decide the same as expeditiously as possible and preferably within 4 months in accordance with the relevant and applicable Rules.
4. With the aforesaid clarification the petition stands disposed of as withdrawn.
(K.M.THAKER,J.) Suresh* Top