Kamla Kant Shukla And Others vs State Of U.P. Through Principal ...
2021 Latest Caselaw 4247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 7629 of 2010
 

 
Petitioner :- Kamla Kant Shukla And Others
 
Respondent :- State Of U.P. Through Principal Secy.Dept.Of Madhyamik Edu.
 
Counsel for Petitioner :- B.R. Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Dhari Singh,J.

Order on Delay Condonation Application No.2136 of 2021

Heard.

Cause shown in affidavit of Delay Condonation Application is sufficient.

Delay Condonation Application is allowed and delay in filing the review application is condoned.

Order on Review Application No. 2138 of 2021

The review application under Chapter V Rule XII of the Allahabad High Court, Rules, 1952 has been filed for reviewing the judgment and order dated 30.10.2019 passed by this Court in Writ Petition No. 7629 of 2010 Kamla Kant Shukla and others Vs. State of U.P. through Principal Secy. Dept.of Madhyamik Edu.

Mr. Ramesh Kumar Singh, learned Senior Advocate and Additional Advocate General appearing on behalf of the review-petitioner submitted that the order dated 30.10.2019 passed by this Court was on the basis of the order passed in case of State of U.P. and others Vs. Anand Kumar Mishra and Anr. dated 06.08.2009. It is further submitted that against the order dated 06.08.2009, a review petition was also preferred by the State of U.P. and the same is still pending before this Court. It is further submitted that the order dated 30.10.2019 passed by this Court may also be reviewed by this Court as the above said order passed in Anand Kumar Mishra (supra) is not attained the finality.

Learned counsel appearing on behalf of respondent vehemently opposed the submissions and contentions made by learned counsel for the review petitioner and submitted that there are no ground available for reviewing order dated 30.10.2019 passed by this Court.

Heard learned counsel for the review- petitioner and the learned counsel for the respondent.

Hon'ble Supreme Court in the cases reported in (1995) 1 S.C.C. 170, Meera Bhanja (Smt.) vs. Nirmala Kumari Choudhary (Smt.) and (1997) 8 S.C.C. 715, Parsion Devi and others Vs. Sumitri Devi and others has held that the scope of review under Order 47 Rule 1 C.P.C. is very limited and this jurisdiction can be invoked only, if there is mistake or error apparent on the face of record. In the instant case, I do not find any ground as review petitioner has failed to point out any mistake or error apparent on the face of record in passing the order dated 30.10.2019 passed by this Court.

The review application is devoid of merits. It is accordingly, rejected.

Order Date :- 22.3.2021

Mohit