Amit Verma Vs Union Territory of Jammu and Kashmir Th Health Deptt and Ors.

This is a petition by the petitioner seeking review of the judgment dated 15^th February, 2021 passed by this Court in WP(C) No.1976/2020. It is submitted by Mr. O.P.Thakur, learned Senior Counsel that this Court while considering the writ petition and rendering the judgment did not take note of the fact that the petitioner after overstaying leave had joined and was regularly performing his duties. He, therefore, submits that the operative portion of the judgment indicates as if the petitioner was out of service and was to be put back only after condoning the period of his absence from duties.

I have considered the entire record including the judgment impugned. I think the question as to whether at the time of passing of the judgment the petitioner was performing his duties is a disputed question of fact, in that, the respondents in their objections have denied such continuation. Learned Senior Counsel appearing for the petitioner is correct that the writ petition should have been decided after giving finding on that aspect of the matter.

It may also be pertinent to note that disposal of that vital aspect in the matter would ultimately turn on the merit of the writ petition as well. Accordingly, this review petition is allowed. The entire judgment under review is reviewed.

Registry to list the writ petition WP(C) No.1976/2020 on 16^th March, 2022 for consideration.

( Sanjeev Kumar)

Judge

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JAMMU:

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04.12.2021 Vinod, Pvt. Secy.

Whether the order is speaking : Yes/No Whether the order is reportable: Yes/No

Amit Verma v. Union Territory of Jammu and Kashmir Th Health Deptt and Ors.