1 By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs : (“A) Directing the respondents to pre-pone the promotion of the petitioner to the post of Accounts Officer Class-I (Senior Duty) from 8.11.94 to 25.3.92, without paying of difference of pay, but to grant the resultant benefits of seniority and further promotion to the post of Joint Director, and to revise his pension accordingly.
(B) During the pendency and final disposal of the petition, respondents may be refix the pension of the petitioner as if he is promoted from 25.3.92.
(C) To grant such other benefits as may be deemed fit.”
2. The matter came to be admitted by this Court (Coram : A.L.Dave, J.) vide order dated 23.9.2005.
3. Today when the matter is called out for final hearing Mr. Alkesh Shah, learned Assistant Government Pleader, under instructions from Mr.B.R. Chavada, Under Secretary to the State of Gujarat in Finance Department, who is present in the Court, tenders copy of order dated 22.12.2011, whereby the competent authority in the State Government during pendency of the petition and as per order dated 16.11.2011 passed in the petition has considered the case of the petitioner and as stated in the said order that the petitioner has been given promotion with deemed date of 30.3.1992 and notional benefit of the same is also given for pay fixation. Copy of the said order dated 22.12.2011 is taken on record.
4. Mr. Supehia, learned Counsel appearing for the petitioner seeks permission to withdraw the petition with a liberty to challenge the order dated 22.12.2011. In view of the above, the petition is permitted to be withdrawn with a liberty to take appropriate proceedings to challenge the order dated 22.12.2011. Permission granted. Rule discharged with no order as to costs.
Sd/-
(R.M. Chhaya, J.) M.M.BHATT