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Himachal Pradesh High Court · body

2014 DIGILAW 1650 (HP)

Jeet Ram son of Shri Mani Ram v. State of H. P.

2014-11-14

P.S.RANA

body2014
JUDGMENT : P.S. Rana, J. 1. This order will dispose of civil review petition filed under order 47 Rule 1 read with Section 114 of Code of Civil Procedure for reviewing the order dated 10.9.2014 passed by this Court in CWP No. 3006 of 2012 titled Jeet Ram and another vs. State of H.P. and others. 2. Petitioners have filed review petition pleaded therein that relief be granted to the petitioners to the effect that petitioners are also entitled for the appointment of Beldars on regular basis and Class IV employee as per Recruitment and Promotion Rules in addition to the relief already granted by the Hon'ble High Court. 3. Court heard learned Advocate appearing on behalf of the petitioners and learned Additional Advocate General appearing on behalf of the respondents and Court also perused order dated 10.9.2014 passed in CWP No. 3006 of 2012 carefully. 4. Following points arise for determination in this civil review petition:- 1. Whether civil review petition is liable to be accepted as mentioned in memorandum of grounds of review petition? 2. Final Order. Findings on point No.1 5. Submission of learned Advocate appearing on behalf of the petitioners that order dated 10.9.2014 passed in CWP No. 3006 of 2012 be reviewed to the effect that petitioners shall be entitled for the appointment of Beldars on regular basis or Class IV employee as per Recruitment and Promotion Rules in addition to relief granted by the High Court is rejected being devoid of any force for the reasons hereinafter mentioned. Court has carefully perused the entire order passed in CWP No. 3006 of 2012. Court has also carefully perused grounds of civil review petition. Court has specifically mentioned in para 7 in sub clause (4) that prayer of the petitioners that petitioners be appointed as DDT Beldars or upon any post of Class IV employee on regular basis is declined in view of the fact that all appointments on public post are governed by Recruitment and Promotions Rules. It is well settled law that every employee is legally entitled for appointment on regular basis as per Recruitment and Promotion Rules by competent authority after recommendation by Selection Committee in accordance with law. It is well settled law that party cannot direct the Court to pass the order in the manner party likes. It is well settled law that every employee is legally entitled for appointment on regular basis as per Recruitment and Promotion Rules by competent authority after recommendation by Selection Committee in accordance with law. It is well settled law that party cannot direct the Court to pass the order in the manner party likes. It was held in case reported in AIR 2014 33 (Tripura) titled Smt. Krajoy Mog Choudhury and others vs. The State of Tripura and another that review petition is not maintainable in relation to an order wherein relief sought has already been negated. (See AIR 2013 SC 3301 titled Kamlesh Verma vs. Mayawati and others, AIR 1975 SC 1500 titled Sow Chandra Kanta and another vs. Sheik Habib) There is no negative direction in the order dated 10.9.2014 passed in CWP No. 3006 of 2012 that petitioners will not be appointed as Beldars on regular basis or Class IV employees as per Recruitment and Promotion Rules. It is held that review petition is devoid of any force in view of no negative direction mentioned above. Point No. 1 is answered in negative. Final Order 6. In view of my above findings on point No.1 civil review petition filed by petitioners is dismissed in limine. Parties are left to bear their own costs. Civil review petition is disposed of.