(1.) SUDHIR Agarwal, J. Sri S. M. A. Kazmi, learned Senior Advocate, assisted by Sri S. P. Pandey, Advocate, on behalf of applicant- respondent No. 1 (hereinafter referred to as the 'petitioner'), Sri Yogendra Kumar Yadav, learned Standing Counsel and Sri M. A. Qadeer, Advocate, on behalf of the appellant and respondent No. 2, i. e. , U. P. Public Service Commission (hereinafter referred to as the "commission") have been heard at length.
(2.) THE petitioner has filed this application seeking recall of our judgment dated 30-10-2007 whereby the Special Appeal No. 99 of 1999 was allowed and the judgment of Hon'ble Single Judge was reversed as also the writ petition of the petitioner was dismissed.
(3.) IN view of the statement of the learned Senior Advocate appearing for the petitioner that he is not in a position to assail the judgment dated 30-10-2007 on merits, and, legal issue decided therein is in accordance with the binding authori ties of the Apex Court on the said issue, in our view, this application needed no further consideration and is liable to be rejected at the threshold. However, since the learned Counsel for the petitioner has made submissions at great length citing certain authorities of the Apex Court, requesting this Court to show judicial discretion and benevolence to the petitioner so that as a consequence of the judgment dated 30-10-2007, he may not loose his appointment, we propose to consider sustainability of the aforesaid submission also in the facts and circum stances as well as the legal position on this aspect of the matter.