1. Heard Mr. Himanshu Banker, learned Counsel for the petitioner and Mr. Niraj Sharma, learned Assistant Government Pleader for the respondents.
2. The petitioner by way of this petition has challenged the order dated 28.9.2011 passed by respondent No.1 whereby the petitioner was serving on the post of Administrator (Sanchalak) in Mid-day Meal Scheme and has further prayed to reinstate him on the said post. It was pointed out in the Affidavit-in-Reply filed by respondent that as per condition No.12 of Circular dated 29.4.2002, the petitioner was not entitled to occupy the post of Administrator (Sanchalak) in Mid-day Meal Scheme as his wife was holding the post of Sarpanch at the relevant time. This Court (Coram : A.S.Dave, J.) on 29.11.2011 after considering the facts involved in the present petition has passed the following order:
"At the request of learned AGP to seek instructions on the issue that the petitioner has served as a Administrator (Sanchalak) in mid-day meals scheme since last about 17 years and there is no case of irregularity. Besides, his wife has resigned as Sarpanch.
In the above circumstances, the experience and knowledge of the petitioner as a Administrator (Sanchalak) can be utilized by the authority.
Stand over to 27th December, 2011."
3 Mr.
Banker, learned Counsel for the petitioner as well as Mr. Niraj Sharma, learned Assistant Government Pleader submitted that in fact pursuant to the order passed by this Court on 29.11.2011 the case of the petitioner was re-examined. Mr. Sharma, learned Assistant Government Pleader, under instructions from J.J. Ramanuj, Dy. Collector (MDM) from the Collectorate Narmada - Rajpipla, who is present in the Court and as identified by Mr. Sharma, learned Assistant Government Pleader tenders photo copy of the undertaking filed by respondent No.4 dated 18.2.2012. Copy of the said undertaking is taken on record along with copy of application made by the present petitioner to the Collector, Narmada dated 15.2.2012. Mr. Sharma, learned Assistant Government Pleader, appearing on behalf of the respondents, under instructions, states that considering the undertaking filed as aforesaid, the petitioner shall be reinstated latest by 12.3.2012.
4 In view of the above statement made under instructions by Mr. Sharma, learned Assistant Government Pleader, the grievances of the petitioner shall stand redressed. Mr. Banker, learned Advocate for the petitioner seeks permission to withdraw this petition. Notice discharged with no order as to costs. Direct service permitted.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top