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Judgment
M.R. Shah, J.—By way of this petition under Article 226 of the Constitution of India, petitioners have prayed for following reliefs.
(a) By directing respondents authority not to take such action as may cause reversion to the petitioners from the present post to that or workcharge employee and or
(b) Your Lordship be further please to restrain the respondents authority from reverting the petitioners from the present post, to that of work charge employee in any manners, whatsoever and be further pleased to restrain the respondents authority from procepeting and implementing such process as may damage, hamper or cause change in the service condition of the petitioners in any manner whatsoever and or
Today, when the petition is taken up for hearing, it is reported that so far as petitioner No. 1 is concerned, he has already retired as far as back on 1st December 2007 and he has been paid all retiral benefits inclusive of pension, gratuity etc.. Ms. Monali Bhatt, learned Assistant Government Pleader produced on record a zerox copy of order granting retiral benefits to petitioner No. 1.
In view of the above, no further order is required to be passed so far as petitioner No. 1 is concerned.
So far as petitioner Nos. 2 and 3 are concerned, it is reported that pursuant to the interim order passed by this Court, all the petitioners are continued in service. Ms. Monali Bhatt, learned Assistant Government Pleader, under the instructions from Prakash S. Marathe, Head Clerk, Gujarat Engineering Research Institute, Vadodara, has stated at the Bar that so far as petitioner Nos. 2 and 3 are concerned, they are at present in service and there is no possibility either to revert the said petitioners and/or to relieve them.
In view of the above, no further order is required to be passed except disposing of the present petition in terms of the interim order passed by this Court granted earlier on 19.05.2004, confirmed on 04.02.2005. Rule is made absolute to the aforesaid extent so far as petitioner Nos. 2 and 3 are concerned. No costs.