SMT. ABHILASHA KUMARI, J. Rule. Ms. Moksha Thakkar, learned Assistant Government Pleader waives service of notice of rule, on behalf of the respondents.

1. This petition has been filed under Art. 227 of the Constitution of India, with a prayer to quash and set aside order dated 16th March, 2006, rendered by the learned Additional District Judge and Presiding Officer, Fast Track Court No.2, Jamnagar, where by the application of the petitioner at Exh. 10, in Regular Civil Appeal No. 38 of 2004, has been rejected.

2. In order to appreciate the controversy in issue, a brief factual background will be necessary. The petitioner (Original Plaintiff) had been appointed as a Forest Guard, on 4-11-1999. On an apprehension that his services are likely to be terminated, the petitioner instituted Regular Civil Suit No. 661 of 2000, on 23-7-2000, inter alia praying for a declaration and permanent injunction against the respondent No. I-State of Gujarat (Original Defendant No.1), and respondent No.2-Deputy Conservator of Forests, Forest Range, Jamnagar (Original Defendant No.2), against the apprehended termination of his services. In the said suit, the petitioner filed an application at Exh