BIMLA DEVI Vs. ARUN SHARMA

JUDGEMENT

(1.) HEARD learned counsel for the parties. Initially the writ petition No. 8953 of 2011 -F (Bimla Devi Versus State of H.P. & Others) was preferred before this Court with the following prayer:

(2.) IN the said writ petition, reply of the State Government, could not be filed, however, vide judgment and order dated 15.11.2011, the said writ petition was disposed of by this Court (DB) with the following directions given in paragraph 4, which are as follows: - - 4. There will be a direction to the second respondent/Deputy Commissioner, Shimla to pass orders in the matter of regularization of the petitioner, as recommended by the third respondent, within a month from the date of production of a copy of this judgment by the petitioner before the second respondent. Consequential benefits shall be disbursed to the petitioner within another one month. In the event of any delay beyond the said period, the petitioner shall be entitled to interest at the rate of 10% for arrears and the officers responsible for the delay shall be personally liable for the same.

(3.) THE present Civil Review Petition No. 185 of 2011 has been preferred by the State of H.P. for reviewing the judgment and order dated 15.11.2011 passed in CWP No. 8953 of 2011 with submissions that the factual aspects and material on record were not taken into consideration and the Civil Writ Petition No. 8953 of 2011 was disposed of with above directions, which requires review for the existence of the principles enunciated in Order 47 Rule 1 of CPC as well as in view of the inherent powers provided under Article 226 of the Constitution of India for non consideration of the records, material and facts, which could have been produced at the time of disposal of the writ petition above mentioned. After hearing the review petition, we find sufficient grounds to allow the review petition and to recall the judgment and order dated 15.11.2011 passed by this Court (DB) in CWP No. 8953 of 2011 -F and the writ petition No. 8953 of 2011 -F is taken for adjudication afresh now.