Brejesh Kumar Sharma vs State Of Rajasthan & Ors (Phed)

A Division Bench of this Court on 11.3.2008 allowed

D.B. Civil Special Appeal No.1153/2006 preferred by the petitioner

and issued following directions:-

"In fact two years of experience was enough as per the rule as he is matriculate, therefore, the respondents are directed to absorb the petitioner - appellant on the post of LDC from the date when his juniors were absorbed on the post of LDC within a period of 15 days from the date of receipt of this order.

The appeal accordingly stands allowed, but there shall be no order as to costs."

Aggrieved against the order passed by the Division

Bench of this Court, the respondent preferred Special Leave to

Appeal (Civil) No. 7383/2009. The said Special Leave to Appeal

was dismissed by the Supreme Court on 17.7.2009 by passing the

order Annexure-R/1. The order Annexure-R/1 reads as under:- "Delay condoned. Learned counsel for the petitioner has pointed out that there are certain factual errors in the order of Division Bench which have a material bearing on the facts of the case and that the petitioner would move an application for review. The SLP is accordingly dismissed. Liberty as prayed for."

Mr. Saurabh Saraswat the learned counsel for the

respondent State has submitted that after the orders passed by

the Supreme Court, the State has preferred D.B. Civil Review

Petition No. 218/2011. The learned counsel for the petitioner has

stated that from the last six years, review petition preferred by

the State is lying in Defect Section and the State has not bothered

to cure defects.

It seems that the State is not interested to pursue the

review petition and as it has taken no active steps for getting the

same listed before the Division Bench. The defects pointed out by

the Registry have not been removed, hence, the present petition

is allowed and the respondents are directed to strictly comply with

the order dated 11.3.2008 (Annexure-5) passed by the Division

Bench of this Court.

By filing review in the registry in year 2011, by not

removing the defects in the last six years, respondents have

denied fruits of well earned litigation to the petitioner. It will be

pertinent to note that the petitioner had filed SBCWP

No.3971/1993 in this Court and the said writ petition by learned

Single Judge was decided against the petitioner on 23.3.2006.

Aggrieved against the same, the petitioner had filed D.B. Civil

Special Appeal No. 1153/2006 and same was allowed by the

Division Bench on 3.11.2008. The Special Leave to Appeal filed by

the State was dismissed on 17.7.2009. In the writ petition, the

petitioner had made a grievance that he became eligible for

absorption as LDC on 24.7.1990. The grievance of the petitioner

from the last twenty-seven years has not been redressed by the

respondents. He is in the corridors of the court from the last

twenty-four years. To frustrate the claim of the petitioner, the

respondents have resorted to dilatory tactics. Hence, for non-

compliance of the order dated 11.3.2008, cost of Rs.50,000/- is

imposed upon the respondent State.