WPSS/1734/2020
2022 Latest Caselaw 129 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  MCC No. 11028 of 2021
                                  MCC No. 11029 of 2021
                                  IA No. 11030 of 2021
                                  IA No. 11031 of 2022
                                  IA No. 11032 of 2022
                                  In
                                  WPSS No. 1734 of 2020
                                  Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. K.K. Tiwari, Advocate, for the petitioners.

Mrs. Indu Sharma, Brief Holder, for the State of Uttarakhand.

Mr. Vinay Kumar, Advocate, for the review applicant.

The petitioners of the present Writ Petition had prayed for the relief, that their claim to treat the services of the petitioners as to be a part of the Police Headquarters cadre and their candidature may be considered for promotion to SI (M) in the Police Headquarters cadre and further that the same may be decided in terms of the judgment dated 15.11.2018, rendered by the Coordinate Bench of this Court in Writ Petition (S/S) No. 1172 of 2009, Vimleshwar Prasad Raturi and others Vs. State of Uttarakhand and others.

Based on the said statement, the Writ Petition was considered by the Coordinate Bench on 17th December, 2021 and the State, who was represented by Mr. P.C. Bisht, the learned Addl. C.S.C., along with Mr. V.S. Rawat, Brief Holder, had rather admitted the fact that the issue raised in the Writ petition stands covered by the judgment dated 15th November, 2018, as rendered in Writ Petition No. 1172 of 2009, on 17.12.2020.

Accordingly, the Writ Petition was disposed of by the Coordinate Bench of this Court in the light of the said judgment.

In an eventuality, where the judgment dated 17.12.2020 has been rendered on the basis of the consensus, which has been extended by the State represented by Addl. Chief Standing Counsel, that the issue stands covered by the said judgment, the review at their behest would not be maintainable, as it was a consenting order.

Hence, the Review Application No. 11028 of 2021, filed by the State, seeking review of the judgment of 17th December, 2020, would not be tenable.

The same is rejected.

Accordingly, the Urgency Application too, being IA No. 11031 of 2022, would stand rejected also.

As far as Review Application preferred by the private respondents, along with leave to file review, as well as the Urgency Application are concerned, considering the argument extended by Mr. Vinay Kumar, the learned counsel, representing the private respondents, who has sought leave to file the review, the review application preferred by him along with objection to the review application, could be considered at the time when the physical hearing of the Court revives.

The Writ Petition is directed to be listed in the week commencing 21st February, 2022, and accordingly the Urgency Application No. 11032 of 2022 filed by the private review applicants, would stand disposed of.

(Sharad Kumar Sharma, J.) Dated 14.01.2022 Shiv