WPMS/382/2022
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      10.10.2022
                                            WPMS No. 382 of 2022
                                            With
                                            Review Application No. MCC/6/2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Mahesh C. Pant, Advocate, for the petitioners.

Mr. Suyash Pant, Standing Counsel, for the State.

The Department of Women Empowerment and Child Development to the State of Uttarakhand, had issued a Government Order on 17th June 2021, being Government Order No. 143/17(2)/2/2021, wherein, it had laid down certain parameters to provide the benefit to the parents who had met with the sad demise between 01.03.2020 to 31.03.2022, on account of COVID-19 pandemic situation, or because of any other disease during the said period.

The petitioners claimed the benefit of the said Scheme in the present writ petition, which stood decided by the judgement dated 23.05.2022, on the ground that if the death is caused because of any other disease during the intervening period between 01.03.2020 to 31.03.2022, as provided by the said Government Order dated 17th June 2021, the benefit would still be extended to the dependents of the deceased. Accordingly, the writ petition was allowed by the judgment dated 23.05.2022.

Seeking its review, the State has filed a Review Application, contending thereof that as per the Policy dated 05.07.2022, the petitioner would not fall within the zone of consideration for the extension of the aforesaid benefit.

This Court is apprehensive to accept the arguments which has been extended by the learned counsel for the respondent/State, because the writ petition was allowed under the prevailing Government Order, and it stood decided on 23.05.2022, any subsequent Government Orders, which are an administrative instructions, will not govern the decision already taken by the writ Courts under Article 226 of the Constitution of India, as those applications would be prospective only and particularly owing to the parameters which were then laid down pertaining to the financial status, which has been sought to be impressed upon by the learned counsel for the review applicant, that the petitioners would not fall within the zone of consideration as per the directives which had been issued by the State in its Policy dated 17.06.2021.

In fact, the implications of the said Policy dated 17.06.2021, was very much available to the applicant, at the stage when the writ petition itself was addressed on merits. But none of the covenants contained in it, were ever pressed by the applicant to the review, when writ was argued on merits, to the review petition in order to oust the eligibility of the present applicant by the implications of clause 3 sub Clause (2) of the Policy dated 17.06.2021.

Since the same was not pressed into during the course of arguments, at the stage when the writ petition itself was argued on merits and that too when the judgment was based upon the report which was submitted by their own nodal officer, about the economic status of the present petitioners, the judgment cannot be faulted nor does it suffers from any apparent error of fact or law, to call for any interference in the exercise of powers under Section 114 to be read with Order 47 Rule 1 of the CPC.

Owing to the aforesaid reasons, this Court is not inclined to entertain the review petition. Accordingly, the same stands rejected.

(Sharad Kumar Sharma, J.) 10.10.2022 Mahinder/