Whether other relief can be added in main prayer in slp

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
Sir,
I have been relieved from service and High court has affirmed the order and my advocate has advised to add only special leave to appeal against the H.C order. But I insist to add paryer of reinstatement separately under relief clause..whether it is advisable?
Reagrds

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Devajyoti Barman (Expert) 21 December 2011
If there was similar prayer in the high court, the same is deemed to be reiterated when you challenge the order of the high court in the supreme court.

Raj Kumar Makkad (Expert) 22 December 2011
If during the pendancy of your litigation, you have been relieved from your service then certainly you can add this relief specifically mentioning this fact therein but if you had been releived even prior to your litigation then there is no scope to do so.

Nu.Delhi.Law.Fora. (Expert) 22 December 2011
Dear Querist,

In addition to other advices to your query, you may note that for additional such prayers, you will need to move separate I.A. in the SLP. Main prayer in the SLP is rightly advised to spl. leave to appeal against the impugned order passed by HC (in your case).

Trust this would suffice.

Rabin Majumder
Advocate-on-Record
Supreme Court of India

Sailesh Kumar Shah (Expert) 22 December 2011
agree with views of Ld. Experts.

prabhakar singh (Expert) 22 December 2011
Oh! agree with views of Ld. Experts.

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