1. By this petition, the petitioners have prayed for a direction to the respondent authorities to give promotion to the petitioners from the post of Forestry Extension Assistant to the post of Range Forest Officer with benefit of deemed date as per the Recruitment Rules dated 10th March, 1999 as well as a direction to the respondent No.1 not to implement and operate the amended rules of 2001 issued on 27th September, 2001.
2. While admitting this petition, this court had, on 28th February, 2003, passed an order in the following terms:-
“Rule returnable on 17-4-2003. In the meantime, it is directed that the action pursuant to the amended rule, if any, shall be subject to the further orders which may be passed by this Court and it is further directed that the State Government, while passing any order pursuant to the amended rule, shall mention the pendency of this petition and that such action is subject to the final order which may be passed by this Court in this petition. Direct Service is permitted.”
3. Mr. Bipin Jasani, learned advocate for the petitioners has placed on record copy of an order dated 5th May, 2003 promoting Forest Extension Assistants to the post of Range Forest Officers wherein the names of the petitioners are reflected at Sr. No.15 and 39 respectively. It was submitted that the grievance raised in the present petition has been substantially redressed by the said order. However, the question of granting benefit of deemed date still remains. The learned advocate submitted that in respect of the said relief, the petitioners are ready and willing to make a representation to the respondent No.1-State of Gujarat and prayed that if such representation is made, the respondent No.1 may decide the same in accordance with law within a stipulated time frame.
4. This court has also heard Ms. Shruti Pathak, learned Assistant Government Pleader for the respondents.
5. Having regard to the submissions made by the learned advocate for the petitioners, it appears that the main grievance ventilated in the petition namely, to give promotion to the petitioners from the post of Forest Extension Assistant to the post of Range Forest Officer no longer survives. Insofar as the benefit of deemed date is concerned, the petitioners are ready and willing to make a representation to the first respondent in this regard. Thus, the request made by the learned counsel for the petitioners appears to be just and reasonable.
6. Under the circumstances, the petition is disposed of in the following terms. The petitioners shall make a representation to the respondent No.1 in respect of their prayer for benefit of deemed date within a period of one month from today. If such representation is made within the stipulated time limit, the respondent No.1 shall decide the same in accordance with law, within a period of three months from the date of such representation. Rule is discharged with no order as to costs.
Direct Service is permitted.
( Harsha Devani, J. ) hki