YASHPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By medium of this petition under Art. 215 of the Constitution of India and under Order 47, Rule 1 read with Sec. 151 CPC, the petitioners have sought review of the judgment dated 6.10.2015, whereby Letters Patent Appeal preferred by them came to be dismissed.

(2.) The petitioners vide order dated 24.9.2008 were appointed as Patwaris in the regular pay scale. However, vide orders dated 23.1.2009 and 27.2.2009, respectively, the aforesaid order dated 24.9.2008 was withdrawn on the ground that the same was erroneously issued in contravention to the sanction accorded by the State Government vide its letter dated 22.1.2009, whereby the petitioners in fact were required to be appointed on contract basis and not on regular basis.

(3.) This action of the respondents was assailed by way of CWP No. 740 of 2009, which along with other connected matters came to be dismissed vide judgment dated 6.10.2015. The petitioners have sought review of the judgment on the ground that the respondents have taken a misleading and contrary stand before this Court, as none of the instructions/notifications or office orders ever provided for filling up of the five vacant posts against which the petitioners were ordered to be appointed on contract basis. It is further averred that recital in the letter dated 19.1.2009 or even the subsequent letter dated 22.1.2009, which form the basis of the decision, only suggest and talk about sanction and filling up the sanctioned posts of Patwaris and nothing more. We have heard learned counsel for the parties and have gone through the material placed on record.