Anil Kumar, J. - (1.) Heard learned counsel for the review petitioner and perused the record.
(2.) Present review petition has been filed by the review petitioner against the judgment and order dated 02.07.2015 passed by learned Single Judge in Writ Petition No.1593 (S/S) of 2001 (Raeesul Hasan v. State of U.P. and others ) along with connected writ petitions, whereby, the said writ petitions have been disposed of with the following orders: "This is bunch of cases, which are being disposed of by common judgment as the controversy involved therein is the same. Heard learned counsel for the petitioner and the learned Standing counsel. It has been submitted by the learned counsel for the petitioner that the full bench of this court has decided the controversy involved in the bunch of these cases vide order dated 14.5.2015 passed in the bunch of cases, leading case of which is Writ Petition no. 1593 of 2001 (S/S) Raeesul Hasan v. State of U.P. and others . The operative portion of the order dated 14.5.2015 reads as follows:- "For these reasons, we answer the reference by holding that it is not the date on which the vacancy has occurred, but the year of recruitment which is relevant for the determination of eligibility for promotion to the Lecturers' grade under the Rules of 1998. The reference is answered in the aforesaid terms. All the writ petitions shall now be placed before the regular Bench according to roster for disposal in the light of the present judgment. These petitions are disposed of finally in terms of the full bench decision dated 14.5.2015. It is also provided that in case the promotion of the petitioner is not made or made in contravention of the full bench decision, the same shall be considered in terms of the full bench decision dated 14.5.2015. The exercise shall be completed within a period of two months from the date of production of the certified copy of this order." Learned counsel for the petitioner submits that as the case of the petitioner has not been considered on merit in view of the law laid down by the Full Bench of this Court, so, he filed a modification application being C.M. Application No.66245 of 2015, which has been rejected by following order dated 16.07.2015: "Heard learned counsel for the petitioner and learned Standing Counsel. This application has been filed by the petitioner with a prayer to modify the order dated 02.07.2015 to the extent that the petitioner's promotion be considered from the due date i.e. July, 1999 with all consequential benefits and the promotion of the respondent no.6 on the post of Lecturer Hindi besides seniority in lecturer grade and further promotion on the post of officiating Principal be subjected with consequential changing in terms of the order dated 04.05.2001 of this Court and the decision of the Larger Bench dated 14.05.2015. In view of the Full Bench decision, the promotion has to be considered in terms of the findings recorded by the Full Bench year-wise. Hence, no modification is required. The competent authority will consider the same in the light of the decision of the Full Bench. The application is rejected."
(3.) After hearing learned counsel for the petitioner and going through the record, for the first and foremost question which has to be decided to this Court is that once the application moved by the petitioner for modification of the order dated 02.07.2015 passed in Writ Petition No.1593 (S/S) of 2001 (Raeesul Hasan v. State of U.P. and others ) has been rejected then in that circumstances, on the same ground, the review petition is maintainable or not.;