Review Application No.125816 of 2019 The instant review application has been filed by the review applicants for reviewing the order dated 30.09.2019 on the ground that while passing the order dated 30.09.2019, this Court had set aside the seniority list dated 13.04.2006 and the consequential promotion order dated 16.10.2007 without hearing them.
Learned Counsel appearing on behalf of the review applicants has submitted that the writ petitioners have challenged the seniority list but they have not made party to the persons who are senior to them and, therefore, their vested rights were adversely affected. The State of Uttar Pradesh through the Principal Secretary, Department of Labour was impleaded as opposite party in the writ petition but the Government of Industrial Training Institutes is a department under the Department of Vocational Training and Skill Development and the Department of Labour was not the nodal department for the petitioners but this fact appears to have not been brought into the notice of this Court and the judgment dated 30.09.2019 suffers with error on the face of record as the proper legal and factual position could not be brought into the notice of this Court.
Per contra, learned Counsel appearing on behalf of the writ petitioners has submitted that some officers who are senior to the petitioners were made party in the writ petition and their respective counsel were also put their appearance. Learned Counsel has further submitted that the matter was pending for last 13 years but the private respondents had not taken any heed to file counter affidavit. Therefore, there is no force in the argument that private respondents who are senior to the petitioners had not been made party in the writ petition. The ground taken in the review application is not sufficient as no error apparent on the face of the record. While passing the order dated 30.09.2019, the writ court had considered the submissions advanced by learned Counsel for the parties and also the law settled.
Lastly, learned Counsel appearing on behalf of the petitioner has submitted that it would be appropriate to permit the writ petitioners to represent their case before the authority competent and the authority competent shall decide the same within the time frame fixed by this Court.
I have considered the submissions of learned Counsel for the parties as also the innocuous prayer to which learned counsel appearing on behalf of the review applicants and learned Counsel appearing on behalf of the State have no objection.
It is not in dispute that the seniority list dated 13.04.2006 was set aside without hearing all the affecting parties and, therefore, it would be appropriate to review the order dated 30.09.2019.
Accordingly, the third last para "In view of the aforesaid observations, the seniority list dated 13.04.2006, contained at Annexure-12 to the petition as well as order dated 16.10.2007 passed by the State Government is hereby set aside" shall be treated as deleted.
The petitioner is directed to approach the competent authority within 15 days from today by way of a representation ventilating all his grievances and on receipt of the same, the Competent Authority shall decide the grievance of the petitioner by passing a speaking and reasoned order, after providing opportunity of hearing to all the concern parties within a period of two months from the date of receipt of the said representation along with a copy of this order.
In view of above, the review application is disposed of.
Order Date :- 18.1.2021 akverma