Kaushal Kishore vs State Of U.P. Thru. Secy. Rural ...
2023 Latest Caselaw 23051 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56125-DB
 
Court No. - 1
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 101 of 2023
 
Applicant :- Kaushal Kishore
 
Opposite Party :- State Of U.P. Thru. Secy. Rural Development U.P. Civil Sectt. Lko. And 5 Others
 
Counsel for Applicant :- Ram Karan
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Heard learned Counsel for the applicant.

2. This is a review application of the judgment/order dated 25.07.2023 passed by this Court in Special Appeal Defective No.510 of 2023.

3. It is not in dispute that the review applicant was regularized in service in the year 2013 and was thereafter promoted to the post of Senior Clerk and has retired while working on the promoted post on 31.05.2022. The applicant admittedly had not questioned the order of regularization passed in his favour in the year 2013 nor had he sought any relief for relating back the date of his regularisation before his promotion on the next higher post. In these circumstances, the rights which were settled as per law are not open to be agitated after an inordinate delay as has been observed by this Court in paragraph 22 of the judgment impugned. Moreover, the learned Single Judge while dismissing the writ petition has recorded detailed reasons which having been taken into account stand crystalized in the judgment sought to be reviewed. No perversity or new material has been put forth along with the review application calling for a different opinion.

4. The review application bereft of any merit does not make out a case of an error apparent on the face of record, thus, we decline to interfere in the same. The review application is, accordingly, rejected.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 23.8.2023

Anand Sri./-