STATE OF UTTARAKHAND Vs. JAYENDRA PRASAD

JUDGEMENT

(1.) Learned counsel for the parties have brought to the notice of this Court, that the following prayers were made by the petitioner:

(2.) when he approached this Court by filing Writ Petition (SB) No. 1119 of 2001. The aforesaid writ petition was disposed of by a learned Single Judge of this Court on 23.5.2007. Learned counsel for the respondent states that the issue of continuation in service, as also, the other prayers made by the petitioner can only be effectively adjudicated upon after prayer made at (c) of the prayer clause is adjudicated upon. It is pointed out, that the aforesaid prayer made by the petitioner was not settled by the learned Single Judge, when he disposed of the Writ Petition (SB) No. 1119 of 2001 vide order dated 23.5.2007.

(3.) In view of the above, learned counsel for the parties are agreed, that the impugned order dated 23.5.2007 be set aside and the controversy be remanded to the learned Single Judge for re-adjudication on merits so as to first record a finding on prayer clause (c) extracted hereinabove.