IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No. 1003 of 2010 in Writ Petition No. 211 of 2009 (S/B) Gopal Singh Mehra and another ….…… Petitioners Versus State of Uttarakhand and others ………. Respondents Mr. Ravi Babulkar, Advocate for the review applicant. Mr. Manoj Tiwari, Senior Advocate with Mr. Alok Mehra, Advocate for the petitioners. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel (Govt. of Uttarakhand) for respondent Nos. 1 and 2. Date of Judgment: 15.03.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J. BARIN GHOSH, C.J. (ORAL) Delay Condonation Application No. 1747 of 2011 Considering the averments made in the application for condonation of delay in preferring the review application and being satisfied with the reasons furnished therein, we allow the application. Review Application No. 1003 of 2010 Admit. By consent of the parties, the review application is taken up for hearing. 2. The whole object of the present review application is to re-argue the case. It is being contended that the Court was not justified in holding that in the matter of fixation of seniority, Rule 6 of the Uttar Pradesh Government Servants Seniority Rules, 1991 would apply. Since review on such ground is not available, review application is not maintainable. The other contention is that after the counter affidavit was filed, but before the judgment was rendered, some other decision was taken pertaining to the seniority of the review applicant, which could not be brought to the notice of this Court. Since that was within the knowledge of the review applicant, it was obligatory on his part to bring the same to the notice of this Court. That, having not been done, the law governing review do not permit review to be entertained on that ground. 2 3. The application is, accordingly, dismissed. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 15.03.2011 15.03.2011 Amit