State Of U.P. And 3 Others vs Giriraj Prasad Sharma
2022 Latest Caselaw 20366 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 215 of 2021
 

 
Applicant :- State Of U.P. And 3 Others
 
Opposite Party :- Giriraj Prasad Sharma
 
Counsel for Applicant :- Anand Kumar Ray
 
Counsel for Opposite Party :- Anil Kumar Srivastava
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Samit Gopal,J.

The only ground pressed to seek review of the judgment and order dated 18.2.2020 is that the appellants had superannuated on the date of consideration for promotion by the Departmental Promotion Committee and, as such, no fault can be attached to the decision of the department not to include the names of the appellants in the eligibility list for consideration for promotion.

This submission of the learned counsel for the appellants/applicants cannot be entertained, inasmuch as, rehearing is not permissible within the scope of review.

Further, it is categorically noted in the judgment and order dated 18.2.2020 that the respondents were at fault in not preparing the eligibility list for promotion after introduction of the promotional avenue in the rules enforced in the year 2009. The eligibility list pertaining to different recruitment years was prepared only in the year 2013 and, therefore, the direction was issued for consideration of the candidature of the appellants for promotion to the post of Junior Engineer as per provisions of the Rules' 2009, provided they have made promotions on the post by determining year-wise vacancies and placing the persons promoted against the vacancies of the specific recruitment year.

Noticing the above, the review application is dismissed.

Order Date :- 7.12.2022

Brijesh