NAGENDAR KANT CHOUDHARY Vs. ARMY HQ SIG REGT SIGNALS
LAWS(JHAR)-2012-9-62
HIGH COURT OF JHARKHAND
Decided on September 12,2012

NAGENDAR KANT CHOUDHARY Appellant
VERSUS
ARMY HQ SIG REGT SIGNALS Respondents

JUDGEMENT

- (1.) BY way of the proposed amendment, the petitioner wants to correct the addresses of the parties. Amendment seems to be necessary. For the reasons stated in the application, I.A. No. 905 of 2012 is allowed. Let necessary amendments be carried out in the name of the parties within three days. I.A. No. 905 of 2012 stands disposed of. W.P. (S) No. 360 of 2012: List this case under the heading "Fresh Filing" on 19.09.2012.
(2.) MR. A. Allam, learned senior counsel appearing for respondents no. 7 and 8-Birsa Agriculture University, submits that identical issues pending disposal in L.P.A. No. 45 of 2011. Let this case be adjourned sine a die awaiting decision of L.P.A. No. 45 of 2011. Learned counsel for the parties shall be at liberty to get it listed after the disposal of L.P.A. No. 45 of 2011. Mr. Anoop Kumar Mehta, learned counsel for the petitioner, submits that in W.P. (S) No. 994 of 2012, identical questions of fact and law are involved and in that writ petition, this Court has called counter affidavit as well as rejoinder affidavit and has passed the interim order staying the recovery and payment of the admitted salary to the petitioner. In the present case, counter affidavit has been filed. Let rejoinder be filed within four weeks. Let this case be listed along with W.P. (S) No. 994 of 2012. In the present case also, interim order, in terms of the interim order, passed in W.P. (S) No. 994 of 2012, shall be operative. Issue notice to respondents no. 2 and 3 by registered post with A.D. in addition to normal mode of service on steps being taken by the petitioners within ten days. Learned counsel for the respondents submits that counter affidavit was filed in the Registry on 2.7.2012. However, no counter affidavit is available on the file. Registry is directed to find out the counter affidavit with the help of learned counsel for the respondents and to place it on the record. The case is passed over for the day enabling the Registry to keep the counter affidavit on the record. Mr. Arwind Kumar, learned counsel for the petitioner, seeks permission to withdraw this writ petition with liberty to file fresh writ petition with better particulars. The writ petition is dismissed as withdrawn with the liberty aforesaid. Mr. Afaque Ahmad, learned counsel for the petitioner, seeks permission to withdraw this writ petition with liberty to file fresh writ petition with better particulars. The writ petition is dismissed as withdrawn with the liberty aforesaid.
(3.) LEARNED counsel for the parties have submitted that the present writ petition may be disposed of in terms of the order dated 30.08.2012 passed by this Court in W.P. (S) No. 3942 of 2012. The writ petition stands disposed of in terms of the order dated 30.08.2012 passed in W.P. (S) No. 3942 of 2012. On the request of learned counsel for the petitioner, this case is passed over for the day.;


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