(1.) Present review petition under Chapter V Rule 12 of the Allahabad High Court Rules, 1952 has been filed to review the judgment and order dated 09.07.2014 passed in Special Appeal No.880 of 2013 (State of U.P. and others Vs. Ram Krishna).
(2.) Learned counsel for the applicant has submitted that the applicant was legally entitled for regularization in service on the post of Instructor on the basis of consideration and opinion reported by Director, Training and Employment, U.P. but the State Government kept the matter pending and later on the applicant was not regularized in the service. Feeling aggrieved by the inaction of the State, the applicant approached to this Court by filing Writ Petition No.6452 (SS) of 2010 under Art. 226 of the Constitution of India, which was allowed vide judgment and order dated 04.07.2013 in terms of order dated 18.04.2013 passed in Writ Petition No.3425 (SS) of 2010. Against the order passed in writ petition, the State preferred Special Appeal No.880 of 2013 which was allowed vide judgment and order dated 09.07.2014 setting aside the order dated 04.07.2013 passed in Writ Petition No.6452 (SS) of 2010 against which the present review petition has been filed.
(3.) While considering the matter of regularization of the applicant/petitioner the relaxation which was vested in the State Government was not exercised rather discretionary power of relaxation was denied against the applicant. This Court while considering the special appeal considered Rule 4 of the Regularization Rules which provides that any person who was directly appointed on ad-hoc basis before Jan. 1, 1977 and is continuing in service as such on the date of commencement of these rules, possessed requisite qualifications prescribed for regular appointment at the time of such ad-hoc appointment and has completed three years continuous service shall be considered for regular appointment in permanent or temporary vacancy as may be available on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with relevant service rules.