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SCA/5103/1987 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5103 of 1987
=========================================================
LAXMANSING
HAJARISING & 18 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
(MR
RV DESHMUKH) for
Petitioner(s) : 1 - 19.
MR JASWANT SHAH AGP for Respondent(s) : 1
- 4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 13/11/2008
ORAL ORDER
By
way of the present petition, the petitioner has prayed for following
reliefs.
?S(a)
to issue a writ of mandamus or any other appropriate writ, order
or direction directing the respondents to release the amount of
increments with held till the final hearing of this petition and
direct them not to withhold any of the increments of the
petitioners thereafter for the reasons of not passing language
examination; and further direct them to pay the arrears.
(B)
to issue a writ of mandamus or any other appropriate writ, order
or direction directing the respondent No.1 to exempt the
petitioner from passing the examination with effect from the date
of joining the post alongwith the other persons who were exempted
by the amendment of the RULE under 1972;
(C)
to declare the Gujarat Government Servants (lower Standard and
Higher standard Gujarati Language Examination) Rules, 1970
amended in 1972 as ultravires-Art. 14 and 16 of the constitution
of India.
(D)
Pending admission, hearing and final disposal of this petition,
direct the respondents to release the accumulated amount of
increments stopped by them and further direct them not to stop
the increments of the petitioners;
(E)
To pass such other and further orders as may be deemed just and
proper.??
However,
by efflux of time, the petition has become academic and, therefore,
requires to be disposed of and is disposed of accordingly. Rule is
discharged. Interim relief, if any granted earlier, shall stand
vacated.
(K.S.JHAVERI,
J.)
Amit/-
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