- (1.) This review petition has been filed against the judgement and order dated 20th September, 2011 passed in the above mentioned special appeal as well as another connected Special Appeal No. 1152 of 2007 (Barmeshwar Pandey and others Vs. Devendra Kumar Pandey and others). By the aforesaid judgement both the special appeals have been allowed and the direction has been given to take appropriate steps with regard to confirmation/regularisation and consequential reliefs of the employees concerned.
(2.) Now, after hearing the parties and going through the records, we find that effect of the aforesaid judgement has been given and all the concerned employees have been confirmed/regularised and given consequential reliefs by way of promotion etc. vide office orders dated 10th July, 2012 in compliance of the judgement of this Court dated 20th September, 2011 and also the orders of the Hon'ble the Chief Justice dated 01st June, 2012 and 07th July, 2012. Therefore, it is clear that the judgement and order of this Court under review has already been complied with and given effect to. Hence, there is no need to pass any further order in this regard particularly when benefit of the judgement has already been given, which is confirmed by this Court.
(3.) So far as other part of review regarding issue of ''dead cadre' is concerned, now it has been tried to be established before this Court on the part of the High Court that the cadre of Routine Grade Clerk (RGC) is not a dead cadre as the State Government vide its letter dated 04th January, 2008 has conveyed its inability to accept the recommendation of the Hon'ble the Chief Justice dated 19th October, 2005. We are of the view that though all the documents were available with the High Court before the pronouncement of the judgement in the special appeals on 20th September, 2011 but were never placed before the Court either at the time of hearing or before the delivery of judgement and an impression was given that the effect has been given to the order of the Hon'ble Chief Justice dated 19th October, 2005 and the cadre of RGC has been declared as dead cadre. The special appeal was filed by the High Court itself against the order of the Single Judge for confirmation/regularisation of the employees concerned and it is also on the basis of the submissions made on behalf of the High Court that the direction was given for confirmation/ regularisation and other consequential reliefs, which has now been complied with. Therefore, now at this stage the High Court cannot be permitted to turn around and supplement the prayer originally sought in the special appeal, by way of this review petition. More so, we find that the concerned employees, who have been given benefit of the judgement, were appointed and confirmed as per the relevant Rules much prior to recommendation of the Chief Justice dated 19th October, 2005. Therefore, whether the recommendation of the Hon'ble the Chief Justice is accepted by the Government or not, it does not affect the claim and right of the concerned employees. So far as the issue of dead cadre is concerned, it is upon the Hon'ble the Chief Justice to take a decision in the administrative side by applying Article 229 of the Constitution of India and also the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 whether the order can be passed by the Hon'ble Chief Justice alone or the Government will be consulted if financial implication is there.;