S.B. Civil Writ Pet. No. 791/06 Bastimal Suthar vs. State of Raj. & Ors. Date of order : 26.2.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. I.R. Choudhary for the petitioner. Mr. Shyam Ladrecha, Govt. Counsel. By this writ petition, the short controversy raised by the petitioner is that pursuant to the judgment of this Court dated 12.9.2003 though, the petitioner was given appointment and even benefit of seniority during the period when a contempt petition was filed however, the benefit of fixation even on notional basis has not been given from the date when persons less meritorious were appointed. The prayer is thus made for grant of benefit of fixation from the date the persons less meritorious were given appointment on the post of teacher Grade-III. Learned counsel for the petitioner in that regard made a reference of the judgment as annexure/1. Considering the submissions of the learned counsel for the petitioner and perusal of the judgment at annexure/1 I find that while -2- the writ petition was allowed this court issued direction for providing appointment to the petitioner for the post of Teacher Grade-III but then other than the benefit of seniority no other benefit was made admissible and by a specific order therein all emoluments were denied, since a direction has not been given in the judgment to grant notional benefit of fixation by treating petitioner's appointment from the date of appointment of persons less meritorious, this petition cannot be entertained to review the judgment of this court passed on earlier occasion. If at all the petitioner was entitled for any benefit and was not granted in the earlier judgment then the petitioner was at liberty to file a review petition/ clarification petition. However, when on efforts have been made in that regard then this writ petition cannot be converted literally in a review petition. In view of the above, I do not find any merit in the writ petition when while disposing of writ petition on earlier occasion vide the judgment dated 12.9.2003 no specific order was passed to grant the benefit of fixation, such direction cannot be issued now. The writ petition is dismissed accordingly. (MUNISHWAR NATH BHANDARI), J. ns.