IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Modification / Review Application No. 5604 of 2002 In Writ Petition No. 4285 of 2001 (S/S) Ram Sharan Yadav. .……… Petitioner Versus State of Uttarakhand & others. .………. Respondents Mr. H.M. Raturi, Standing Counsel for the applicants / respondents. Mr. C.D. Bahuguna, Advocate for the non-applicant / petitioner. Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. Through the instant modification / review application, the State Government desires a modification in the order passed by this Court on 04.06.2002, wherein this Court inter alia observed as under: “…Learned S.C. made statement that the petitioner and others will be relieved for joining in U.P. as and when practicable…” It is the contention of the learned counsel for the applicants, that the aforesaid observation recorded in the order passed by this Court on 04.06.2002, constitutes a direction, which is not permissible in the facts and circumstances of this case, and as such, the same should be scored off from the order dated 04.06.2002. We have considered the aforesaid contention advanced by the learned counsel for the applicants. We have also perused the motion bench order passed by this Court on 10.06.2009, wherein the State was directed to file an affidavit about the status of the petitioner. Despite the aforesaid order, the status of the petitioner has not been brought to the notice of this Court. Today, learned counsel for the applicants / respondents states, that the non-applicant / petitioner Ram Sharan Yadav is still posted in the State of Uttarakhand, and that, it was not practicable for the State of Uttarakhand to relieve the non-applicant / petitioner Ram Sharan Yadav so as to allow him to assume his duties in the successor State of Uttar Pradesh. We have considered the contention of the learned counsel for the applicants / respondents. We, however, find no merit therein. The particular sentence of which modification is sought, is not a direction. 2 Discretion was granted to the applicants / respondents to relieve the non- applicant / petitioner Ram Sharan Yadav, so as to enable him to join in the successor State of Uttar Pradesh, as and when practicable. The aforesaid observations were rightfully interpreted by the applicants / respondents, inasmuch as, the non-applicant / petitioner Ram Sharan Yadav was not relieved so as to enable him to join in the successor State of Uttar Pradesh, as it was not practicable to do so. The aforesaid action, having been taken by the applicants / respondents (which we affirm), there is hardly any justification for modification / review of the order dated 04.06.2002. In view of the above, the instant Modification / Review Application is disposed of. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 10.03.2010 10.03.2010 G