Shri Suresh Chand vs Treasury and Financial Services, Uttarakhand

Heard learned counsel for the parties on the delay condonation application to the review petition, and perused the record.

The reasons assigned for delay in filing the review application appears to be bona fide. The delay in filing the review application is hereby condoned.

Accordingly, the delay condonation application is allowed, as the grounds seem to be bona fide.

This writ petition was disposed of by this Court vide order dated 28.04.2014 holding that the petitioner be appointed on the post of Assistant Accountant. The case of the petitioner before this Court was initially that there were six posts reserved for Scheduled Candidates for the post of Assistant Accountant, but subsequently these six posts were reduced to four posts and two posts of General category candidate were increased. This Court found it illegal and therefore to that extent the writ petition was allowed. The operative portion of the same reads as under:-

"8. In view thereof, reduction of Schedule Caste category seats from 06 to 04 is wrong. The writ petition is allowed. Let the petitioner be appointed on the post on which he has qualified the test, as admittedly the petitioner is at serial no. 1 in the waiting list i.e. next in the line of selected candidates, after the last selected candidate who have been selected and appointed. Let the needful be done within four weeks from the date of production of certified copy of this order."

Now review petition has been filed by the State for reviewing the said order on the ground that the petitioner is not qualified, as certain qualifications, which were mandatory for the post of Assistant Accountant, the petitioner does not possess.

The order dated 28.04.2014 is clarified to the extent that the direction given by this Court vide order dated 28.04.2014, as far as appointment is concerned, shall only be considered in case the petitioner is having all other qualifications which are required for the post of Assistant Accountant. It is not the direction of this Court that an appointment be given to the petitioner, even though he is not qualified for the post. It is hence made clear that the petitioner be given appointment on the post of Assistant Accountant, only if he has all the requisite qualifications for the post.

Accordingly, the review application stands disposed.

Let a copy of this order be supplied to learned counsel for the parties within 48 hours on payment of requisite fee.