IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL MCC REVIEW APPLICATION NO. 43 OF 2011 In WRIT PETITION (S/B) NO. 279 of 2010 Sanjeev Kumar Mishra ……Petitioner. Versus The State of Uttarakhand and others. …Respondents. Present:- Mr. L.K. Verma, Advocate for the petitioner. Ms. Rakesh Thapliyal, Advocate for respondent nos. 2 and 3 / applicants. Mr. Vinay Kumar, Standing Counsel (State of Uttarakhand) for respondent no. 1. Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J. Barin Ghosh, C.J., (Oral) In the writ petition, petitioner contended that he apprehends that despite there being no dispute that he stands allocated to Uttarakhand Jal Sansthan, his case for promotion may not be considered in future also as the Departmental Promotion Committee on 30.11.2010 did not consider his case for promotion. We found no reason for non-consideration of the case of promotion of the petitioner on 30.11.2010 and, accordingly, passed the order under review directing consideration of the case of promotion of the petitioner by Departmental Promotion Committee and to give effect to such consideration simultaneously with those whose cases have been recommended by the Departmental Promotion Committee on 30.11.2010. While the order was passed, it was recorded, amongst others, as follows: 2 “It appears that there is now no dispute that the petitioner stands allocated to Uttarakhand Jal Sansthan.” In the writ petition, no counter affidavit was filed by any of the review petitioners. With the writ petition, letter of the Special Secretary, Uttar Pradesh Shashan dated 19.8.2009 was annexed. The same is reproduced below:- “Principal Secretary, U.P. Re-Organisation Co-ordination Section 1/2, U.P. Government. Please take it in reference to the Semi Govt. letter no. G.I. 147/28-2-2009 dated 17th Aug’2009, of the U.P. Re-Organisation Co-ordination Section –2, regarding the meeting held on 24.8.2009 at 3.00 Hrs. at Committee Room No.-190, North Block, Personnel and Training Department, New Delhi constituted for the purpose & headed by Dr. S.K. Sarkar, Joint Secretary, Personnel and Training Department, Govt. of India, New Delhi, regarding the allocation of the posts and the personnels for the Uttar Pradesh and Uttarakhand States. 2- In this relation, please find it informed that Shri Sanjeev Kumar Mishra, who was the Assistant Engineer of plains cadre in U.P. Palika and Water Works Engineering (Centralized) Services, has been consented vide letter dated 31.12.2008 by the Govt. of Uttar Pradesh, based on recommendations / consents of the Director-Local Bodies, U.P. vide letter dated 27.11.2008 (Copy enclosed) against the request dated 9th July’2008 of the Secretary, Govt. of Uttarakhand, Pey Jal Sectoin – 1 (Copy enclosed), and the Secretary-Pey Jal Section –1, Govt. of Uttarakhand, Dehradun has duly been informed accordingly. Hence as such the previous request of Shri Sanjeev Kumar Mishra for allocation to the State of Uttarakhand has duly been accepted by the Govt. of Uttar Pradesh. Encls: Aforesaid. Sd/- 19.8.2009 (Vijay Bahadur Singh) Special Secretary” In the review application filed, not a whisper has been made pertaining to this letter. In the circumstances, 3 it cannot be contended that the aforequoted sentence in the order under review is an error apparent on the face of the records. The review application fails and the same is dismissed. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 5.5.2011 Rathour