Honourable Arun Tandon, J. - (1.) THIS review application has been filed on behalf of the State of Uttar Pradesh through the Principal Secretary (Nyaya), Secretariate, Lucknow and on behalf of Principal Secretary, Finance, Government of U.P., Lucknow.
(2.) THE cause title of the review application wrongly records that the application is being filed on behalf of the High Court of Judicature at Allahabad through its Registrar General also. Sri Yashwant Verma, learned counsel for the High Court has made a categorical statement that the High Court has not instructed Sri M.C.Tripathi, learned Additional Standing Counsel to file any review application on its behalf nor the High Court seeks review of the judgment and order of the Single Judge dated 27th May, 2009 passed in the present writ petition. He clarifies that the High Court did not file any special appeal against the said judgment nor it approached the Honourable Supreme Court of India. Before adverting to the merits of the review application, it would be necessary to refer to the facts leading to the present review application in short. Present writ petition was filed by the Class IV Employees' Association, High Court of Judicature at Allahabad for quashing the order dated 28th February, 2007 passed by the Principal Secretary (Nyaya), Secretariat, Lucknow (Annexure-12 to the writ petition) as well as the decision taken in the meeting dated 29th July, 2006 brought on record as Annexure-13 to the writ petition. A mandamus was also prayed for commanding the respondents to forthwith implement the recommendations of the High Court regarding fixation of pay-scale qua class IV employees working in the establishment of the High Court.
(3.) AFTER exchange of affidavits, the writ petition came up for consideration before a Honourable Single Judge of this Court, who, by means of the judgment and order dated 27th May, 2009, held that the order of the State Government dated 28th February, 2007 was unsustainable. It was accordingly quashed. The writ petition was allowed and a mandamus was issued to the State Government to place the draft rules framed by The Chief Justice of the High Court under Article 229 of the Constitution of India for approval before the Governor of the State. The exercise in that regard be carried out as early as possible. Not being satisfied with the judgment so passed by the Honourable Single Judge, the State of Uttar Pradesh through its Principal Secretary (Law) and the Principal Secretary (Finance), U.P. Government at Lucknow filed Special Appeal No. 1487 of 2009. The Division Bench of this Court disposed of the said special appeal on 18th May, 2010 by means of following judgment: "Learned Additional Advocate General submits that the decision has already been taken by the State Government, which was brought on record and has not been considered by the learned Single Judge. This is a ground of review and not ground of special appeal. Therefore, the special appeal is dismissed with liberty to file review application before the learned Single Judge.";