B.K.Roy, A.Chakrabarti, S.K.Phaujdar, JJ. - (1.) Through this Civil Misc. Review Petition No. 54512 of 1998, filed on 1st September. 1998, review Js sought for of the judgment and order dated 30.6.1998 passed by a Full Bench of this Court comprising two of us (Binod Kumar Roy and S. K. Phaujdar, JJ.) and Hon'ble Mr. Justice G. S. N. Tripathi, since retired, in Civil Misc. Writ Petition No. 1265 of 1996 (reported in 1998 (3) UPLBEC 1805), the operative part of which reads thus : "(i) The conversion of 13 posts of direct recruits, as available for promotion from Nyayik Sewa, is declared illegal and the recommendation of the Selection Committee dated 2.11.1995 and the resolution of the Full Court dated 18.11.1995 in question in this regard are quashed. (ii) The appointees (respondent Nos. 3 to 15) will be deemed to be appointed on ad hoc basis only and not on substantive basis and that too till the final decision on this point to be taken by the Full Court. (iii) The Full Court is requested to consider the question of increase in the number of vacancies from '6' to '19', which was admittedly available as per report of the Selection Committee itself. (iv) Hon'ble the Chief Justice is requested to take necessary steps expeditiously for formation of a Selection Committee, so that appropriate number of candidates be interviewed for the 13 remaining posts for direct recruitment of H.J.S. (v) The petition for intervention of Vinod Kumar Verma [filed in Civil Misc. Writ Petition No. 35384 of 1995) is rejected."
(2.) Since Hon'ble Mr. Justice G. S. N. Tripathi, retired, in his place Hon'ble the Chief Justice has nominated one of us (Aloke Chakrabarti, J.). That is how the matter has been listed before us.
(3.) Review is sought for as proposed in paragraph II of the accompanying affidavit which reads thus : "That, it is submitted that the aforesaid view taken by the Full Court constitutes serious affront of the aforesaid judgment of this Hon'ble Court. Hon'ble High Court, on the administrative side. is bound to comply with any judicial pronouncement made by this Hon'ble Court. This Hon'ble Court has clearly and conclusively determined the number of vacancies to be 19. The 'request' issued by this Hon'ble Court to the Full Court, nevertheless, amounted to mandamus. This Hon'ble Court was enjoined to act in accordance with the observations made in the judgment of the Full Bench.";