PRASHANT YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant review petition has been filed arises out of order dt. 07.08.2014 primarily for the reason that vires of R. 53(1) of the Rajasthan Civil Service Pension Rules, 1996 may be declared ultra vires to the extent of qualifying service in the case of Judicial Officer because it does not maintain uniformity as per the orders of the Apex Court in the case of All India Judges Association. Counsel for review petition further submits that the confidential report of the Judicial Officer disclosing the complete service record of incumbent was also not looked into and placed on record for proper appreciation and that too needs consideration by this Court.

(2.) AS regards, the submission in respect to the vires of R. 53(1) of the scheme of Rules is concerned, it is already noticed by us in the judgment dt. 07.08.2014 of which the petitioner is seeking review in the instant petition and apart from it, it was also noticed by us that there is no prayer made in regard to the validity of R. 53(1) of Rules, 1996 and what is not being pleaded and prayed for the first time at least could not be examined under the limited scope of review available by filing the application in the instant case.

(3.) AS regards later submission made by the petitioner for considering the documents which have been annexed along with the instant petition, suffice it to say that service record of the petitioner which was placed on record for our consideration has been taken note of in the judgment dt. 07.08.2014 passed by this Court.