STATE OF RAJASTHAN Vs. NARESH KUMAR SAXENA

JUDGEMENT

(1.) HEARD counsel for both the parties.

(2.) THIS Review Petition has been filed by the State of Rajasthan and the Director, Department of Mines & Geology, Government of Rajasthan against the order dated 15. 05. 1997, passed by the Division Bench of this Court in D. B. Special Appeal (Writ) No. 792/1995 and the order dated 5. 10. 1995, passed by the learned Single Judge in S. B. Civil Writ Petition No. 6359/1994.

(3.) THE correctness of the judgment passed by the Division Bench is questioned in the present Review Petition. According to Mr. KK Sharma, learned counsel for the petitioner-department, the judgment of the Division Bench suffers from error apparent on the face of record. Our attention was drawn to the relevant Rules of 1960, quoted by the Division Bench in its judgment at page No. 3. Column No. 5 of item No. 3 under Schedule-I of the Rules of 1960 as extracted in the judgment dated 15. 5. 1997 reads as under:- "1. Mines foreman Gr. I 2. Head Draftsman 3. Any post in the subordinate Mines and Geological service carrying scale of pay identical or higher than Mines Foreman, Gr. II. "