VIRJIBHAI RANGJIBHAI GAMIT Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) Present petition has been filed under Article 226 read with Articles 14 and 16 of the Constitution of India for the purpose of challenging the legality and validity of the common order dated 20.4.2020 insofar as it relates to the present petitioner.

(2.) At the outset, when the matter is taken up for hearing, learned advocate Ms. Pandya has categorically submitted that the Principal District Judge, Tapi at Vyara has passed an office order No.98 of 2020 with respect to 7 employees, including the present petitioner, who is figuring at serial No.6, reflecting on page 17 of the petition. She has submitted that some of the persons have approached by way of separate Special Civil Application(s), challenging the very same order and the Coordinate Bench of this Court was pleased to pass an order on 28.5.2020 in one of the writ petitions, bearing Special Civil Application No.7138 of 2020. Accordingly, the same order is requested to be passed as the facts and the issue involved in the present proceedings are identical in nature. Ms. Pandya has further drawn attention of this Court to the said order at length and requested to dispose of the present petition on the similar line of the aforesaid identical case and upon such, learned advocate has requested to permit the petitioner to withdraw the petition so as to avail a remedy of departmental appeal.

(3.) Having heard learned advocate for the petitioner and having perused the order passed by the Coordinate Bench in connection with the impugned order, which relates to 7 employees, the Court is satisfied with the submission of learned advocate. As a result of this, since the petition is being withdrawn, the Court would like to observe the similar order that has been passed by the Coordinate Bench, which reads as under:-