State Of Uttarakhand & Anr. vs Bhagwan Singh Kainthura & Ors.

(per Mr. Manoj Kumar Gupta C. J.)

There is a delay in filing the review application. The cause shown for delay in filing the review application is found to be satisfactory. There is also no opposition to the delay condonation application by the learned counsel for the respondents. Delay Condonation Application (IA No.3/2024) is allowed. Delay is condoned.

Heard learned counsel for the parties.

Learned counsel for the State submits that the Government Memorandum, which was under challenge before the Tribunal dated 18.09.2019 specifically provided that consent for regularization wherever conditional would not be accepted. He further relies upon Clause No.6 thereof to contend that the merger had no effect on the seniority and that seniority was to be determined separately. Accordingly, it is urged that the judgment dated 20.06.2024 passed by the Co-ordinate Bench is erroneous and deserves to be reviewed.

We observe that the Bench, which decided the writ petition, has taken into consideration the Merger Rules, 2002 and the fact that 67 Group ‘C’ employees, who were attached to the Secretariat, were given seniority from the date of merger i.e. 10.03.2008. The Court, accordingly, held that the respondents, who were merged on a subsequent date i.e. 18.09.2019 cannot be deprived of the seniority consequent to their merger as their seniors already stood regularized earlier.

A review application is not an appeal in disguise. The submissions advanced in review essentially seek a rehearing of the matter on merits, which is not permissible. We find no error apparent on the face of the record, which may warrant interference of this Court in review jurisdiction. The review application is, accordingly, rejected.

Pending application, if any, also stands disposed of.