Shamsher Gurung vs State Of Sikkim And Ors

The Writ Petition was filed by the Petitioner seeking inter alia the following reliefs viz.; quashing the Notification dated 17.06.2006 having been

issued illegally, without any source of law, in violation of the provisions of the Constitution. Quash and set aside all appointments made under the

Sikkim State Public Service, Act, 2006, vide the impugned notification bearing No. 33/LD/06, dated 17.06.2006 as ultra-vires the Constitution and to

direct the State Respondents to produce lists of all appointments made under the said impugned notification and quash the same. It was also prayed

that the impugned illegal appointment of Respondent No.4 vide Notification no.65/HOME/2012 dated-15/09/2012, Notification no.66/HOME/2012

dated-15/09/2012, Notification no.67/HOME/2012 dated-15/09/2012 and Notification no.68/HOME/2012 dated-15/09/2012 be quashed. A direction

was sought to the State Respondents to produce all the documents related to appointment of Respondent No.4 to various posts after he voluntarily

retired from the Sikkim Superior Judicial Service and to quash the same. Further, Shri R. K. Purkayastha be restrained from carrying out any function

till the final disposal of this matter.

On 08.04.2019, when the matter was taken up for hearing by this Court, learned Senior Counsel, Mr. N. Rai submitted that the appointment of

Respondents No. 5 to 37 against various posts have been revoked by the Government. Hence the names of the respondents be removed from the

array of respondents. The same was accordingly complied with by the Registry on no objection being raised by the opposing counsel.

The Writ Petition so far as the said respondents were concerned was thus rendered infructuous.

Today, the learned Government Advocate has furnished a copy of the order bearing No. H/C/112/2017/27/242, dated 31.05.2019, issued by the

Home Department, Government of Sikkim, relieving Shri R.K. Purkayastha, Advisor-cum-Principal Secretary, Legal, Legislative & Parliamentary

Affairs Department, Government of Sikkim, of his charge with immediate effect.

It is submitted by learned counsel for the petitioner that as all the private respondents have been removed from their posts, towards this end the

Writ Petition is infructuous hence she seeks to withdraw the same.

Considered.

No objections raised.

Writ Petition stands dismissed as withdrawn.