Ram Kishore vs State Of ...
2021 Latest Caselaw 3731 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 
Case :- SERVICE SINGLE No. - 9995 of 2018
 
Petitioner :- Ram Kishore
 
Respondent :- State Of U.P.Thru.Prin.Secy.Rural Engg.Services U.P. & Ors.
 
Counsel for Petitioner :- Rajesh Kumar,Km. Vishwa Mohini,Vimal Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Dhari Singh,J.

C.M. Application No.27758 of 2021

The instant application has been filed by the applicant with a prayer to modify the order dated 28.01.2021 to the extent of directing the respondent no.4 to promote the petitioner on the post of Group-C on the basis of selection type test held on 29.12.2017 w.e.f. 31.01.2013 with all consequential benefits ignoring the result of type test held on 26.12.2017.

Vide order dated 28.01.2021, the writ petition was allowed setting aside the impugned order dated 06.01.2018 and the authority competent was directed to consider the case of the petitioner for promotion from Class-IV post to Class-III post in accordance with law without asking him to pass typing test.

I have considered the submissions of learned counsel for the parties and perused the record.

Hon'ble Supreme Court in the case of State of Uttar Pradesh. Vs. Brahm Datt Sharma and another; (1987) 2 SCC 179 has held that after final disposal of a writ petition, proceeding stands terminated and it is not open for the Court to re-open the proceeding by means of a miscellaneous application.

In another case reported in (2013) 2 SCC 698: Cine Exhibition Private Limited.Vs.Collector District Gwalior and others, Hon'ble Supreme Court has held that an application for modification of judgment shall not be maintainable since it shall amount to review of judgment.

In view of aforesaid legal proposition, the present application for modification of the order dated 28.01.2021 is not maintainable.

Accordingly, the application is rejected.

Order Date :- 16.3.2021

akverma