High Court of Judicature at Allahabad
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Narendra Kumar & Another v. State Of Up Thru' Principal Secy. Agriculture Deptt. & Ors. - WRIT - A No. 19804 of 2002  RD-AH 6716 (12 April 2007)
Hon'ble Vineet Saran, J.
Heard learned counsel for the parties and perused the record.
Learned counsel for the parties have jointly submitted that this writ petition may be disposed of in terms of the Judgment dated 27.3.2006 rendered in Civil Misc. Writ Petition No. 14532 of 2002 Brajendra Kumar vs. State of U.P. and others. By the said judgment the writ petition was disposed of with the following observations:-
"I have heard the learned counsel for the petitioner and the counsel for the respondents. This controversy is factual whether the petitioner himself has absented from duty or whether the petitioner is entitled to continue in view of the fact that the said scheme has been transferred to respondent no.2. As no order in writing against the petitioner has been passed, therefore, this controversy cannot be decided by this Court at this stage.
In view of the aforesaid fact the writ petition is disposed of finally with a direction to respondent no.2 to consider the claim of the petitioner in view of the aforesaid observations taking into consideration the fact that whether the scheme is still continuing. The respondent will also take into consideration the performance of the petitioner during the period in which he has worked and shall pass a detailed and reasoned order preferably within two months from the date of production of certified copy of this order before him.
With these observations the writ petition is disposed of. No order as to costs."
Accordingly, for the reasons given in the judgment dated 27.3.2006 rendered in Civil Misc. Writ Petition No. 14532 of 2002, this writ petition is also disposed of in the aforesaid terms. No order as to cost.
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