When the application is called out and taken up for hearing, Mr. Vyas, learned advocate for the applicant, is not present.
2. In the application, the applicant has prayed for below mentioned relief:-
"7(B) fix the above referred Special Civil Application No.15637 of 2003 for final hearing at an early date, and /or"
3. It is pertinent to note that the writ petition came to be admitted vide order dated 24.3.2004. By the same order, interim relief was not granted on the statement that interim relief is not pressed. In the said order, the Court also observed that:-
"3. It would be open for the petitioner to apply / represent for pension / compassionate pension and if such representation is made, the same would be decided by the authority without being influenced by the order of this Court. This Court expresses no opinion on eligibility of the petitioner on pension / compassionate pension. This exercise would be without prejudice to the interest of both the sides. Direct service is permitted."
4. In view of the fact that senior and old matters than the writ petition being Special Civil Application No.15637 of 2003 are pending wherein issues of termination from service, etc. are involved, if the relief prayed for by the applicant is granted, it would amount to out of turn and preferential hearing to the applicant. Therefore, the relief as prayed for is not granted.
However, considering the fact that the writ pending is pending since 2003, the registry is directed to list the writ petition in the cause list of Final Hearing in due course, as per its seniority.
With the aforesaid observations and direction, the application stands disposed of.
(K.M.Thaker, J.) kdc Top