Review 52/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench Jaipur ** Civil Review Petition No.52/2009 in Civil Writ Petition No.5199/2008 State of Rajasthan Versus Ram Babu Bhardwaj & Ors. Date of Order ::: 16/07/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Lokendra Singh for Mr. IR Saini, AAG for petitioner State Mr. KC Sharma, for respondent (writ petitioner) Mr. Anand Sharma, for applicant) Instant petition has been filed seeking review of order dt.14/07/08 in CWP-5199/08 of Ram Babu Bhardwaj (respondent No.1 herein). In writ petition, case of writ petitioner was that despite seniority list in the cadre of Forest Ranger Gr.I stood revised and he was placed at S.No.76A vide order dt.15/06/07, his candidature for promotion to the post of Asstt. Conservator of Forest or higher post was not being reviewed by writ respondents to which he was otherwise entitled for in terms of R.31A(11-B) of Rajasthan Forest Service Rules, 1962 (“Rules, 1962”). Taking note of material on record including the fact as alleged by writ petitioner that seniority list has been revised placing him at S.No.76A vide order dt.15/06/07, this Court proceeded to consider his grievance and finally allowed the writ petition vide order dt.14/07/08 Review 52/09 //2// directing the State authorities to hold review DPC for considering his candidature for post of Asstt. Conservator of Forest or higher posts to which persons junior to him as per revised seniority were promoted in accordance with Rules, 1962 and if found suitable, may be promoted with consequential benefits admissible to him under law. Very thrust of writ petitioner that his candidature was not being reviewed as per revision of his seniority placing at S.No.76A vide order dt.15/06/07, could not be substantiated since his revised seniority placing writ petitioner at S.No.76A, was withdrawn vide order dt.15/05/08 (Ann.A/3) before filing of CWP-5199/08 on 21/05/08, which might not have been noticed at that time but the fact remains that neither of the parties brought it to the notice of this Court till the final adjudication of CWP-5199/08 decided on 14/07/08 – review whereof is sought in instant petition about latter order dt.15/05/08 whereby placing writ petitioner at S.No.76A in seniority list of Ranger Gr.I vide order dt.15/06/07 was withdrawn. Review petitioner preferred special appeal (Writ) No.1880/08 before Division Bench, which was later on allowed to be withdrawn with liberty to Review 52/09 //3// file review petition vide order dt.19/12/08. It has also been brought to the notice that order dt.15/05/08 whereby earlier placement of writ petitioner at S.No.76A was withdrawn, has been challenged by writ petitioner in CWP-9226/08 on 01/09/08, wherein notices have also been issued on 10/09/08 and is pending consideration before this Court. Counsel for review petitioner submits that when order dt.15/06/07 placing writ petitioner at S.No.76A revising his seniority, itself was with drawn vide subsequent order dt.15/05/08 and this being material fact, was supposed to be brought by the department to the notice of this Court while CWP-5199/08 being decided, but at the same time, writ petitioner also cannot be absolved from his duty to bring such a material fact to the notice of this Court; in such circumstances, this is an apparent error in the order which deserves to be re-called. Per contra, Counsel for writ petitioner submits that once review petitioner (State) has chosen to prefer special appeal and after it being dismissed, review petition is not maintainable. Counsel further submits that order dt.15/05/08 was contrary to the scheme of Rules, 1962, against which the contempt petition has been filed by Review 52/09 //4// other members of service which is pending before Division Bench. Counsel further submits that facts were supposed to be within knowledge of review petitioners, which they failed to disclose, as such it cannot be said to be an apparent error which may call for review of the order. I have considered contentions of Counsel for both the parties and with their assistance, examined material on record. As regards objection raised by Counsel for writ petitioner about maintainability of review petition, is not sustainable for the reason that special appeal (writ)-1880/08 preferred by State was withdrawn seeking permission to file review petition, which was granted by Division Bench vide order dt.19/12/08; in such circumstances, review petitioner is within its right to avail of remedy of review available under law. Order dt.14/07/08 – review whereof is sought for herein, was passed by this Court solely on the premise that writ petitioner who was earlier placed at S.No.113 in seniority list of Ranger Gr.I issued on 15/01/92 stood revised placing him at S.No.76A vide order dt.15/06/07, and accordingly, his further promotion was required to be reviewed in terms of R.31A(11-B) of Rules, 1962; and no other controversy was examined Review 52/09 //5// by this Court as to whether he was rightly placed in seniority list or whether seniority has been rightly assigned in terms of Rules, 1962 or not. It appears from the record that CWP- 5199/08 was filed on 21/05/08, and before its filing, order dt.15/06/07 whereby seniority was revised placing him at S.No.76A, itself, was withdrawn by review petitioner vide order dt. 15/05/08. But, either of parties has not brought this fact to the notice of this Court while matter was decided on 14/07/08 that order dt.15/06/07 revising seniority placing him at S.No.76A is no more in existence – in absence whereof, this Court directed review petition to undertake exercise of review for considering case of petitioner for promotion on higher post after holding review DPC. This Court called upon and look into file of CWP-9226/08 preferred by petitioner against latter order dt.15/05/08 whereby review petitioner withdrew the order dt.15/06/07 revising seniority at S.No.76A; – in para 7 at page 6, it has been averred by writ petitioner that seniority list dt. 15/05/08 was received by him after filing of CWP- 5199/08 but he could not contact his counsel till decision whereof. However, ultimate facts remains that this fact was much in the knowledge of writ petitioner Review 52/09 //6// when CWP-5199/08 was decide vide order dt. 14/07/08 that his placement at S.No.76A revising his seniority vide order dt.15/06/07 has been withdrawn by State Government vide order dt. 15/05/08 and atleast it was expected from him to disclose such a material fact to this Court while matter was being finally heard; and once this has been brought to the notice of this Court that order dt.15/06/07 does not hold field in view of subsequent order dt.15/05/08; this Court cannot allow its order dt.14/07/08 in CWP-5199/08 any further and it being an error apparent on the record, the order deserves to be re-called. Consequently, review petition succeeds and is hereby allowed. Order dt.14/07/08 is recalled; and CWP-5199/08 stands restored to its original number and be listed alongwith CWP-9226/08 before regular bench hearing such matter. No order as to costs. Office to proceed. (Ajay Rastogi), J. K.Khatri/p6/52Revw09-5199CW08RsrJul16.doc