1. During the pendency of writ petition being Special Civil Application No.30377 of 2007 the applicants original petitioners had to take present application in view of certain events which took place subsequent to the order dated 26/12/2007 passed in main petition.
2. In present application the applicants, in light of subsequent events have prayed for below mentioned relief/direction:
"7(A) Pending hearing and final disposal of Special Civil Application No.30577 of 2007:
(i) stay and suspend the implementation, execution, operation and enforcement of the impugned order dated 29th October 2007 passed by the learned Gujarat Primary Eduction Tribunal, Ahmedabad in Application No.205 of 1995 in toto;
(ii) stay and suspend the implementation, execution, operation and enforcement of the communication communication/order dated 30.6.1995 passed by opponent No.2, Annexure "I" to the Special Civil Application;
7(B) Alternatively, the applicants may kindly be granted permission to take appropriate action and initiate appropriate proceedings in accordance with law against opponent No.1 teacher."
3. After hearing the parties, this Court (Coram: Ravi R. Tripathi, J.) passed order dated 17/09/2010 in present application. The Court, after making relevant observations in para-1 and 2 of the order dated 17/09/2010, also observed in para-3 of the order that:
"3. RULE returnable on 25th October 2010. In the meantime, the judgment and order of the Gujarat Primary Education Tribunal, Ahmedabad in Application No.205 of 1995 dated 29th October 2007 is stayed."
4. The Court is now informed jointly by learned advocate for the petitioner society and opponent teacher that the concerned respondent teacher has expired on 19/03/2012 during pendency of present petition.
5. Under the circumstances the direction requiring the petitioner society to reinstate the concerned teacher allowing to report for duties would not survive after the death of the concerned teacher. Even otherwise, under order dated 26/12/2007 passed in Special Civil Application No.30577 of 2007 this Court has already stayed the direction so far as the payment of back wages is concerned. Therefore, in view of the said development viz. the sad demise of the respondent teacher, now present application has lost its purpose and the same does not survive and is rendered infructuous in view of death of the respondent teacher.
6. Hence, the application is accordingly disposed of.
7. However, only with a view to making clarification, at the request of the parties to avoid any complication or any dispute with regard to the construction of any order passed earlier, it is clarified that order passed by the Court in present application will continue to hold during the pendency of the petition.
8. With the aforesaid clarification, the application stands disposed of.
9. So far as the main petition is concerned, the office is directed to list the petition in due course according to its seniority.
(K.M.THAKER, J.) (ila) Top