Hukum Lal vs State of Uttarakhand and Others

Tarun Agarwala, J.—Heard learned Counsel for the parties.

The present Special Appeal has been filed against the order of the learned Single Judge dated 10th April, 2008 passed in writ petition No. 642(S/S) of 2001. It transpires that the services of the Petitioner and one Shri Bhushan Pal Singh were terminated by a common order dated 1st March, 2000. Against the said order, two separate writ petitions were filed. Bhushan Pal Singh filed a writ petition No. 6350(S/S) of 2001 and the Petitioner filed a writ petition No. 642(S/S) of 2001. The writ petition of Bhushan Pal Singh was allowed by a judgment dated 30th March, 2006 and the order of termination dated 1st March, 2000 was set aside.

In so far as the writ petition of the Petitioner is concerned, the same was dismissed by judgment dated 10th April, 2008. It is not clear as to whether the order of the learned Single Judge dated 30th March, 2006 was brought to the notice of the Court or not.

Since we find that the writ petition of Bhushan Pal Singh was allowed against the same order, this Court is of the opinion that the impugned order dated 10th April, 2008 passed by the learned Single Judge in the case of the Petitioner cannot be sustained and is quashed. The matter is remitted again to the learned Single Judge to decide the matter afresh after considering the judgment dated 30th March, 2006 passed in writ petition No. 6350(S/S) of 2001.