Honble ASOPA, J.–Heard counsel for the parties on the application filed under Article 226(3) of the Constitution of India filed by the respondent for vacation of interim order dated 27-2-2007.

(2). The reply to the said application has been filed by counsel for the petitioner.

(3). This Court on 27-2-2007 passed the following order:-

``Issue notice to the respondents of the writ petition as also of stay petition. Rule is made returnable within two weeks.

Meanwhile, operation of the order dated 22-2-2007 (Anx. 2) shall remain stayed and the respondents are directed to allow the petitioner to continue as Director, Information and Public Relation, Government of Rajasthan.

(4). The preliminary objection of Mr. R.D. Rastogi, counsel for the respondent is that on 27-2-2007, the application of the petitioner for withdrawal of the order of voluntary retirement dated 22-2-2007 was rejected but despite that the writ petition has not been amended, therefore, same has become infructuous and in infructuous writ petition, interim order cannot be allowed to continue. Mr. Rastogi, has placed reliance on a judgment rendered in the case of State of Mysore & Anr. vs. M.M. Thammaiah & Anr. reported in (197

Click Here to Read the rest of this document