C.K.PRASAD,D.K.ARORA,J - (1.) THIS intra Court appeal, at the instance of the writ petitioners-appellants, under Rule 5 Chapter VIII of the Allahabad High Court Rules, arises out of an order dated 29.5.2009 passed in Civil Misc. Application No.1845 (W) of 2009 filed in Writ Petition No.7621 (SS) of 2008. The short facts giving rise to the present appeal are that by order dated 19.5.2009 passed in Writ Petition No.7621 (SS) of 2008, interim order dated 7.1.2009 was vacated and the writ petition was directed to be listed for hearing on 20.7.2009. The writ petitioners-appellants, preferred Special Appeal No.361 of 2009 (Ram Naresh and others Vs. State of U.P. and Others) and a Division Bench of this Court, vide order dated 29.5.2009 disposed of the aforesaid appeal as well as other analogous appeals.
(2.) IT seems that an application for correction of order dated 19.5.2009 was filed, which was registered as Civil Misc. Application No.55130 of 2009 in Writ Petition No.7621 (SS) of 2008. By order dated 29.5.2009, the corrections have been made in the order dated 19.5.2009. Additions or alterations made in the order are as follows: 1. Words holding brief of Sri A.K. Tiwari (shown in bracket) added. 2. For the word recall, vacation (shown in bracket) substituted. 3. For the word petitioners, similar claim (shown in bracket) substituted. As, much has been said about the corrections so made, we would like to reproduce the same in entirety, which is as follows:- "Heard Mr. Mahendra Pratap Singh, (holding brief of Sri A.K. Tiwari), learned counsel for the applicants/opposite parties 3 to 5 and Mr. Pankaj Srivastava, learned counsel for the petitioners. Applicants/opposite parties 3 to 5 have moved an application for recall (vacation) of the order dated 07.01.2009, whereby the respondents have been restrained from filling the vacancies in question unless the services of the petitioner as well as other employees are considered for regularization in terms of resolution of the Board of Management dated 09.07.2007, followed by the Government Order dated 22nd September, 2008. Learned counsel for the applicants/opposite parties 3 to 5 does not dispute the aforesaid resolution of the Board of Management as well as Government Order issued on 22.9.2008, but submits that the Hon'ble Supreme Court has rejected the claim of the petitioners (similar claim) for regularization in the light of the decision rendered in the case of Secretary, State of Karnataka and others Vs. Umadevi (3) and others, (2006) 4 Supreme Court Cases 1, the relevant paragraphs 43, 45, 54 are reproduced here-in-under."
(3.) PRAYER of the appellants deserves to be noted in extenso. "The relief sought in this appeal is that the order of the learned Single Judge dated 29.5.2009 and 19.05.2009 passed in writ petition no.7621 of 2008: Ram Naresh and 59 others Vs. State of U.P. and Others, be set aside and the interim order be restored and appeal may kindly be allowed throughout with cost." Their further prayer is as follows: "It is therefore most respectfully be prayed that the present appeal may kindly be allowed with cost throughout and the interim order passed in the cases be restored till the decision of the writ petition to meet the ends of justice between the parties." ;