1. The present application has been preferred by the applicant-original petitioner to review/recall the order passed by this Court dated 20/06/2009 in Special Civil Application No. 2712/2009 by directing the respondent authorities to consider the Resolution dated 02/06/1999 and to absorb him as a Driver.
2. At the outset, it is required to be noted that earlier in Special Civil Application No. 2712/2009 the applicant-original petitioner prayed for an appropriate writ, order or direction directing respondent no. 1 to appoint him as a driver as per the Resolution dated 02/06/1999 and this Court considered the material placed on record in the main petition and found that both the conditions mentioned in the Government Resolution dated 02/06/2009 i.e. (i) serving as a peon cum driver for 10 years and (ii) he had actually worked as Driver for last five years were not satisfied, and, therefore, this Court dismissed the aforesaid Special Civil Application by the aforesaid order. Now subsequently the applicant-original petitioner has come out with a case and the certificate issued by the concerned Mamlatdar, which is issued subsequent to dismissal of the aforesaid Special Civil Application by this Court, pointing out that in fact the applicant-original petitioner was serving as a Driver since many years. It is to be noted that the document upon which the petitioner wants to rely upon was not even in existence when the aforesaid Special Civil Application was dismissed and on the basis of the material available, this Court passed the order, and, therefore, no error has been committed by this Court in dismissing the aforesaid Special Civil Application, which was considering the material produced on record and considering the submissions made on behalf of the petitioner at the relevant time, and, therefore, there is no question of reviewing and/or recalling the order passed by this Court in Special Civil Application No. 2712/2009.
3. Under the circumstances, the present petition deserves to be dismissed and is accordingly dismissed. However, it will be open for the applicant-original petitioner to initiate appropriate proceedings afresh with supporting material pointing out whether both the conditions, as mentioned in the Government Resolution dated 02/06/1999, are satisfied or not. As and when such proceedings are initiated the same may be considered in accordance with law on its own merits.
(M.R.
SHAH, J.) siji Top