C.M.Application No. 85706 of 2019 This is an application for condonation of delay in filing the review petition for review of the order dated 29.05.2019.
The cause shown in the affidavit filed in support of delay condonation application is sufficient. The delay in filing the review application is condoned.
The application is allowed.
C.M.Application No. 85711 of 2019 Heard learned counsel for the contesting parties.
The present review application has been filed for review of the order dated 29.05.2019 passed by this Court.
The writ petition had been filed praying for quashing of the order dated 20.05.2019 by which the respondents had rejected the claim of the petitioner for counting of his period of ad-hoc service. When the case was listed on 29.05.2019, this Court had disposed of the petition with the direction to the respondent no. 1 consider the claim of the petitioner in the light of the judgment and order dated 01.03.2012 rendered in the case of Dr. Amrendra Narain Srivastava Vs. State of U.P and Ors and to pass appropriate orders.
By means of the present review petition, it is contended that once the claim of the petitioner had already been rejected by the respondents through order dated 20.05.2019 after considering the judgment of Dr. Amrendra Narain Srivastava (supra) consequently again requiring the respondents to decide the representation would not serve any purpose more particularly when the impugned order dated 20.05.2019 itself has not been quashed. It is thus contended that there is an error apparent on the face of record inasmuch as once the petitioner has challenged the order dated 20.05.2019 and same not having been quashed, there would not be any occasion for the respondents to decide the representation of the petitioner.
Having heard the learned counsel for the applicant and having perused the records it clearly comes out that once the petitioner had challenged the order dated 20.05.2019 by which his claim had been rejected, consequently direction of this Court directing the respondents to decide the representation of the petitioner without quashing the impugned order dated 20.05.2019 by which the claim of the petitioner had been rejected, would thus be an error apparent from the face of record. As such, the order dated 29.05.2019 is reviewed and accordingly recalled.
Order on petition Learned Standing counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.
List thereafter before appropriate Bench.
Order Date :- 27.8.2019 Pachhere/-