Heard Ms. Hingorani, learned advocate for the petitioner. She has heavily relied on the order dated 29.3.2007 passed in Special Civil Application Nos.8541 of 2007 to 8577 of 2007. 2. It is not in dispute that the petitioner was not one of the concerned petitioners in the said petitions, however, even if the Court proceeds on the premise that though present petitioner may not be party to the said petitions, if any order is passed and any benefits are confirmed and the authorities should make available such benefits to all similarly situated persons irrespective of the fact that they are party to the petitions or not, then also, in present case, the Court is unable to make any order in case of petitioner because even in the said order dated 29.5.2007 passed in the above mentioned group of petitions, the Court has not considered and decided the issue about entitlement and/or eligibility of the said petitioners for pension and such other benefits. By the said order, the Court merely observed that the respondent – State Government should consider the case of the said petitioners with sympathetic approach. Thus, the said order does not help present petitioner to carry her case any further.
3. Besides the aforesaid aspect, there is another snag in present petition inasmuch as the petitioner has approached this Court even before making any representation to the competent authority. It is not a case of the petitioner that though she has made representation putting forward her request and claim and despite passage of time, the representation is not considered. Actually, in present case, the petitioner has not made any representation and without making any request to the competent authority and without waiting for decision on her request, the petitioner has preferred present petition.
4. Upon being confronted with the aforesaid aspects, learned advocate for the petitioner seeks permission to withdraw present petition with a view to making appropriate representation.
Permission as sought for is granted.
The petition stands disposed of as withdrawn.
It is clarified that it would be open to the petitioner to make the representation and if such representation is made, the competent authority may consider and decide the same in accordance with law and applicable rules.
(K.M.Thaker, J.) kdc