GURMEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr.Prashant Chandra, learned Senior Advocate assisted by Mr.Vivek Kumar Rai, learned counsel for the review applicant as well as Mr.Saurav Lavania, learned counsel for the respondents.

(2.) This is an application for review of order dated 18 May 2016, passed in writ petition No.113 (SB) of 2007.

(3.) The review applicant has submitted that this Court in deciding the writ petition has failed to take note of the case of Dr.B.K.Khanna versus State of U.P.and another, 1994 Supp1 SCC 571, in which the Hon'ble Supreme Court had dealt with the similar facts. Secondly, this Court in making decision has taken into consideration Rule 12(a) of Fundamental Rules, whereas the Fundamental Rules are inapplicable in the petitioner's case. The petitioner's services were governed strictly by the first statute of the Lucknow University. It has further been submitted that this Court has failed to appreciate Annexure No.CA-7 of the counter affidavit filed on behalf of the respondents 2 and 3, which is a letter dated 2.8.1994 written by the petitioner to the Vice Chancellor, in which it had been categorically mentioned that the petitioner should be deemed to have been relieved from the duties as Assistant Professor in the Department of Anesthesiology and not from the post. Further this Court has failed to appreciate that the respondents in rejecting the representation had ignored that in past there had been examples of number of persons who had been holding charge on different posts at one point of time.