J.N.SIRKEK Vs. UNION OF INDIA

JUDGEMENT

(1.) The dispute involved in this writ petition dates back to the year 1963. The writ petition itself was filed during the year 1968. The controversy, between the parties, who are employees of Himachal Pradesh Government, is regarding their inter se seniority and promotion. After hard contest, the writ petition was decided by a Division Bench of this Court on September 15, 1975. The relevant operative portion of the judgment is reproduced as under : - "The result, therefore, is that the petition in so far as Servshri D. C. Premi (respondent No. 8), Bhagat Ram (respondent No. 17) and Ram Prakash (respondent No. 22) are concerned, fails, but the petitioner succeeds in respect of the other respondents and the Annexures PD, PK, PJ, PI and PL are hereby quashed and it is ordered that the seniority list shall be re -drawn in the light of the above observations and the petitioner shall be considered for promotion from the earlier date when his juniors were promoted/

(2.) Aggrieved by the aforesaid judgment and order, passed by this Court, the respondents Nos. 4, 5, 7, 9 to 16, 18, 19 and 21 filed a review petition in this Court, which was numbered as Civil Review Petition No. 15 of 1975. The Division Bench reconsidered the whole matter and re -called the earlier judgment and order, dated September 27, 1976. The relevant operative portion of the order is also reproduced as under : - "We are satisfied that the respondents, who have applied for a review of our judgment, have made out a case for the grant of review. In the circumstances, we recall our judgment and order, dated September 15,1975 so far as it affects the respondents who have applied for review, and restore the writ petition to its original number and direct it to be listed afresh for hearing in regard to the relief prayed for by the petitioner against those respondents."

(3.) A perusal of the order, passed by the Division Bench, while allowing the review petition, indicates that certain considerations have weighed with the Court whereby the correctness of the judgment and order passed on September 15, 1975 has been doubted. It is for this reason that the writ petition has again come up for hearing before us.