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Judgment
Rajesh H. Shukla, J.—The present Second Appeal has been filed u/s 100 of the CPC posing the following substantial questions of law:
(a) Whether in the facts and circumstances of the case, the Lower Courts have erred in holding that the order of the Collector Dated 29.7.87 is illegal, void and ineffective.
(b) Whether in the facts and circumstances of the case both the Courts have erred in holding that Breach of rule-16 of Gujarat Non-Secretariat Clerk/Typist and Typist Recruitment Examination.
(c) Rules and the order passed by the Collector on 29/7/87 is legal and valid.
(d) Whether the Lower Courts have erred in interpretation of rule-16 of the Gujarat Non-Secretariat/Typist and Typist Recruitment Examination in the facts and circumstances of this case.
However, inspite of the concurrent findings of facts, the subsequent development, which is revealed by communication dated 12.02.2009 would suggest that the matter has become infructuous. Learned Counsel Mr. Dastoor for the Respondent has placed on record an order dated 12.02.2009, by which, the Respondent, who has been allocated to the Office of the Director, Technical Education, has also been promoted and he has accepted.
In the circumstances, without going into the merits, the present Second Appeal stands disposed of as having become infructuous.
Liberty to approach in case of difficulty.