SHIV PRASAD KURIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The application, to condone the delay in preferring this review application, is not opposed, and the delay is therefore condoned. Delay Condonation application stands allowed.

(2.) This application is filed seeking leave to prefer an application seeking review of the order passed by Division Bench in WPSB No. 155 of 2016 dtd. 20/9/2018. The respondent herein had filed the said writ petition seeking benefit of his adhoc service followed by regularisation. The Division Bench held that his case was covered by the judgment of the Supreme Court, in Dr. Chandra Prakash v. State of U.P., (2002) 10 SCC 710; and, accordingly, quashed the order dtd. 2/2/2005 and directed the respondents to consider the case of the petitioner in view of the judgment of the Supreme Court within a period of ten weeks.

(3.) Mr. K.P. Upadhyay, learned counsel appearing on behalf of the review applicants, would submit that this order was passed behind their back; the law laid down by the Supreme Court in Dr. Chandra Prakash is that the employee was entitled to have his adhoc service reckoned for the purpose of regularisation; as a consequence of the order of the Division Bench, the respondent-writ petitioner would now be placed above the review applicants in the seniority list of Medical Officers; and since the said order was passed even without giving the review applicants an opportunity of being heard, and as they are aggrieved by the said order, the order under review must be set-aside, the writ petition restored to file, and they should be given an opportunity of being heard.