DHIRAJ KUMAR YADAV Vs. DHIRAJ KUMAR YADAV

JUDGEMENT

(1.) While the Petitioner of MJC No. 5630 of 2011 seeks initiation of proceeding of contempt against the University Authorities, they seek review of the order dated 28.7.2011 passed in C.W.J.C. No. 618 of 2009, by which this Court had directed them to consider the Petitioner's case for absorption on the post of Compositor with all consequential benefits. Since the order in Review will substantially decide the fate of the contempt petition I would think it appropriate to decide it first.

(2.) The Counsel for the Review Petitioner submits that the order of the single Judge is subject to review for the following reasons:--

(3.) On the other hand, the Counsel for the Opposite Party submits that the University had not brought the Rules on record in the connected Writ even though they were well within their knowledge and, therefore, review could not be permitted. In his submission everything that had been brought on record had been considered by the Writ Court nothing was ignored and, therefore, there was no error on the face of record. He further submits that the Writ Court had also taken into account that vacancy in Class-IV existed therefore Petitioner should have been absorbed in the said post. More so because the University had deputed him the work of a Compositor since the date he joined and therefore equity permitted the same. Even if for sake of argument the order is erroneous the University should go in appeal. He relies on a decision reported in wherein it was held that a Review should not be lightly entertained. He further places reliance on, ARIBAM TULESHWAR SHARMA v. ARIBAM PISHAK SHARMA, 1979 4 SCC 389 where the Apex Court set aside the order of review.