- (1.) Heard Dr. L.P. Mishra, learned Senior Counsel for the petitioner as well as Mr. S.K. Kalia, learned Senior Counsel for the respondent no.1.
(2.) This review petition has been filed to review the judgment and order dated 15.01.2014 passed by this Court in Special Appeal No.876 of 2013 on the grounds that the review applicant was not noticed about listing of the case. The case was listed in the supplementary cause list on 15.01.2014 but no notice was given to the review applicant whereas this Court proceeded to pass an order ex parte.
(3.) It has been urged that the judgment of Hon'ble the Supreme Court passed in Civil Appeal Nos.9651 of 2013 and 9652 of 2013; Madhvi Rai v. State of U.P. and others was not applicable at all to the facts and circumstances of the present case but since the counsel of review applicant was not noticed, it could not be pointed out before the Court and the Court proceeded to pass the order under review remanding to the learned Single Judge to decide the case afresh in accordance with the judgment of Hon'ble the Supreme Court above. This Court further observed that till then the appellant may be provisionally reinstated and further directed to pay salary.;