- (1.) This review petition is reported to be time barred by 20 days.
(2.) For the reasons mentioned in the application under Section 5 of the Limitation Act, the same is allowed. Delay of 20 days in filing the present review petition is thus condoned.
(3.) The present review petition has been filed by the writ petition, seeking recall of the order dated 07.08.2014 passed by this Court in S.B.Civil Writ Petition No.6313/2007 ­ Brij Mohan Sharma Vs. State & Ors., disposing of the writ petition as having become infructuous. The relevant portion of the order dated 07.08.2014 is quoted below: - "1. The lawyers are observing strike which is contrary to various Supreme Court decisions. 2. The present writ petition has been filed by the petitioner with the following prayers: - "It is, therefore, humbly and respectfully prayed that writ petition of the petitioner may kindly be allowed and by an appropriate writ, order or direction: - That, the orders dated 20th July, 2000 (annex. 9) (A) and 30th Sep., 2000 (annex. 10) voluntary retiring the petitioner may kindly be quashed and set aside. (B) That, consequent to aforesaid it may be directed that petitioner is entitled to be reinstated in service with all consequential benefits (C) That, alternatively the respondents may kindly be directed to conclude the inquiry initiated for the purpose of determining if the voluntary retirement has been forced upon the petitioner, with a reasonable time. (D) That, in case such an inquiry is permitted the respondents may further be directed to pay to the petitioner something by way of subsistence allowance so that he can maintain himself. (E) Any other relief which this Hon'ble Court may deem fit may kindly be granted in favour of the petitioner; (F) Costs of the writ petition may kindly be awarded to the petitioner. 3. None present for the petitioner. 4. On behalf of the respondents, Mr. Mr. Rajesh Sharma, Officer -in -Charge, Dy. C.F., Jalore, is present -in -person. He submits that the VRS Application submitted by the petitioner was accepted way back in the year 2000 and thereafter, vide application dated 06.03.2002, a copy of which has been placed on record today, the petitioner himself had accepted that he had taken voluntary retirement from the services of the Forest Department of the Government on 30.09.2000 and, therefore, he is submitting the necessary form for getting the amount of his State Insurance Policy No. 457355. The Officer - in -Charge submits that the said payment of the insurance claim has been made to the petitioner. 5. The present writ petition filed on the alleged ground that the signatures of the present petitioner were obtained under coercion. This Court is of the opinion that the present writ petition has become infructuous at this stage and no direction by way of mandamus can be given, as prayed for by the petitioner, now at this stage in view of his own acceptance of the fact of having taken voluntary retirement from the services. 6. The respondents have also denied the allegations levelled by the petitioner and, therefore, obviously, the disputed questions of facts arise in the matter and such disputed questions of facts cannot be decided by this Court in the extraordinary writ jurisdiction under Article 226 of the Constitution of India. The writ petition is, therefore, liable to be dismissed and the same is, accordingly, dismissed. 7. A copy of this order be sent to the parties concerned forthwith." ;