VIJAY KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a belated application seeking review of our judgment dated 07.08.2015 passed in Writ Petition No. 642 (SB) of 2015 allowing the said writ petition of respondent - petitioner disapproving the alteration of seniority between the parties at such belated stage.

(2.) Being aggrieved by the said judgment dated 07.08.2015 the applicant filed Special Leave Petition (C) No. 26611 of 2015 which was dismissed in limine on 110.2015. Thereafter this review application along with an application for conodonation of delay is alleged to have been prepared and filed in the Registry of this Court on 21.03.2016. However, it is said that when the matter was not listed in the Court on the expected date i.e. 29.03.2016 the counsel inquired from the Registry and was told that the file was not traceable and ultimately it was traced out on 26.07.2016, whereupon, some deficiency was intimated in the filing of the application. The record reveals that a copy of the review application was sent by the applicant to the private respondent no.4 only on 27.07.2016 by Speed/Registered post from the 8826post office of the Lucknow Bench of the High Court. It is only thereafter the matter was processed by the reporting section and requisite reporting was done on 008.2016 indicating a delay of 10 months and 21 days in filing the same as on 28.07.2016.

(3.) The application for condonation of delay filed along with review application does not offer much explanation for the delay except saying that the judgment dated 07.08.2015 was challenged before the Supreme Court, which dismissed the Special Leave Petition on 12.10.2015. Thereafter, applicant was advised to file a review application, whereupon it was prepared in the month of March, 2016.