Vineet Kothari, J. - (1.) THE petitioner has filed the present writ petition with the following prayers: It is, therefore, most respectfully prayed that this stay petition may kindly be allowed and pending decision of the writ petition, order dated 13.12.2003 (Annexure -8) may kindly be stayed and in alternative, respondent No. 1 may kindly be directed to consider the candidature of the petitioner on the post of Class IV being only candidate of scheduled tribe.
(2.) THE respondents have filed additional affidavit in this Court, which the office may tag and place on record. From the perusal of the office copy of the additional affidavit of the respondent No. 3 Suresh Chandra Lohar, a copy of which ha been supplied to the learned counsel for the petitioner, it is stated that the present petitioner has since been appointed as Teacher in the Government Upper Primary School, Karmal Kala and is working in that School since 11.9.2012. The certificate issued by the Block Education Officer, Elementary Education, Panchayat Samiti, Dhariyavad dtd. 6.1.2014 has been placed on record. Nothing to controvert this certificate has been placed on record by the petitioner. In view of this position and subsequent employment of the petitioner, the present writ petition has become infructuous.
(3.) ACCORDINGLY , the present writ petition is dismissed as having become infructuous. The operation of the appointment order of the private respondents dtd. 13.12.2003 was stayed by this Court on 5.3.2004 and the private respondents, who had already been appointed and were working as Class IV employees, upon passing of ex parte interim order by this Court, were not allowed to resume their duties. In view of aforesaid position, now obtaining, the respondent -learned District and Sessions Judge, Udaipur will allow all the three appointees including the respondents No. 3 and 4, namely, Suresh Chandra Lohar and Gajendra Kumar Teli to resume their duties within a period of three months from today. The respondents will be entitled to the continuity of service. However, they will not be entitled to financial benefits for the period, for which they have not worked. No costs. A copy of this order be sent to the parties concerned forthwith.;