19 HIGH COURT OF CHHATTISGARH AT BILASPUR REVIEW PETmON No. 09 of 2008 PETITIONERS Umashankar Kashyap & Others VERSUS IUESPONDENTS : State ofChhattisgarh & Others .^A Post for order on .1.7. March, 2008 Sd/- SatishK.AgnihoW Judge fflGH COURT OF CHHATTISGARH AT BILASPUR PETITIONERS REVIEW PETITION No. 09 of 2008 : 1. Umashankar Kashyap, aged about 23 years, son of Shri Goyanda, working as Rojgar Sahayak - Gram Panchayat - Ghatakwali, R/o Village Ghatakwali, Janpad Panchayat - Bastar, Distt. Bastar (C.G.) 2. Ku. Suman Kashyap, aged about 30 years, daughter of Shri Botiram Kashyap, working ,as - Rojgar Sahayak - Gram Panchayat - Bhond, R/o. village Bhond, Janpad Panchayat - Bastar, Distt. Bastar (C.G.) 3. Puran Singh, aged about 26 years, son ofShri Kamlu Ram, working as - Rojgar Sahayak - Gram Panchayat Madhota, R/o. Village Madhota, Janpad Panchayat - Bastar, Distt. Bastar (C.G.) 4. Saidu Ram Kashyap, aged about 31 years, son of Shri Sondhar Kashyap, working as - Rojgar Sahayak - Gram Panchayat - Kudkanara, R/o village Kudkanam, Janpad Panchayat - Bastar, Distt. Bastar (C.G.) 5. Anant Ram Baghel, aged about - 22 years, son of Shri Chaitan Ram Baghel, working as Rojgar Sahayak - Gram Panchayat - Dewada, R/o village Dewada, Janpad Panchayat - Bastar, Distt. Bastar (C.G.) 6. Vikram Kunjam, aged about 25 years, son of Shri Arjun Singh Kunjam, working as - Rojgar Sahayak - Gram Panchayat - Bagmohlayee, R/o. Village Baghmohlayee Janpad Panchayat - Bastar, Distt. Bastar (C.G.) 7. Sukhchand aged about 20 years, son of Shri Bhaktu Ram Mandavi, working as - Rojgar Sahayak - Gram Panchayat - Dabpal, R/o. village Dabpal, Janpad Panchayat—Lohandiguda, Distt. Bastar (C.G.) 8. Sukhlal Kashyap, aged about 25 years, son of Shri Mithu Ram, working as - Rojgar Sahayak - Gram Panchayat - Kaknar R/o. village Kaknar, Janpad Panchayat - Lohandiguda, Distt. Bastar (C.G.) 9. Kam Ram, aged about 27 years, son of Shri Magaru Ram Kashyap, working as - Rojgar Sahayak - Gram Panchayat - Behaj R/o village Bheja, Janpad Panchayat - Lohandiguda, Distt. Bastar (C.G.) 10. Ku, Harasmani Nag, aged about 23 years, daughter of Lakhbandhu Nag, working as - Rojgar Sahayak Gram Panchayat Karekot, R/o village Karekot, Janpad Panchayat - Lohandiguda, Distt. Bastar (C.G.) ll.Dhanmati Sethiya, aged about 20 years, daughter of Son Singh, working as - Rojgar Sahayak — Gram Paachayat - Nagamar, R/o village Nagamar, Janpad Panchayat - Jagdalpur, Distt. Bastar (C.G.) 12. Smt. Meena Singh, aged about 27 years, wife of Shri Shailendra Singh, working as - Rojgar Sahayak - Gram Panchayat - Kasturi, R/o vill Kasturi, Janpad Panchayat - Jagdalpur, Distt. Bastar (C.G.) IS.Rajendra Kumar Nag, aged about 25 years, son of Shri Sadhu Ram Nag, working as - Rojgar Sahayak - Gram Panchayat - Bhejapadar, R/o Vill. Bhejapadar, Janpad Panchayat - Jagdalpur, Distt. Bastar (C.G.) 14. Ku. Harita Baghel, aged about 23 years, daughter of Boti Ram, working as - Rojgar Sahayak - Gram Panchayat — Badekilewal R/o. Vill. Badekilewal, Janpad Panchayat - Bastanar, Distt. Bastar (C.G.) 15.Punit Ram Yadav, aged about 22 years, son of Shri Shivram Yadav, Working as - Rojgar Sahayak - Gram Panchayat - Titarwand R/o. Vill. Titarwand, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) 16. Smt. Yashoda Markam, aged about 23 years, wife of Shri Ghassu Ram Markam, Working as - Rojgar Sahayak, Gram Panchayat - Gamhan, R/o, Vill. Gamhari, Janpad Panchayat - Baderajpur '^ (Bishrampuri), Distt. Bastar (C.G.) 17.Kalju Ram Netam, aged about 32 years, son of Shri Somlal Netam, Working as - Rojgar Sahayak, Gram Panchayat - Honawandi, R/o. Vill. Honawandi, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) IS.Ku. Sham Bai, aged about 21 years, daughter of Sukhdeo Sori, Working as Rojgar Sahayak, Gram Panchayat - Aamgaon, R/o Vill. Aamgaon, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) 19-Shankar Lal Markam, aged about 25 years, son of Shri Panda Ram Markam, Working as - Rojgar Sahayak, Gram Panchayat - Balenga, R/o. Village Balenga, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) . 20.Tiju Ram Kange, aged about 20 years, son of Shri Sukhman Kange, Working as - Rojgar Sahayak, Gram Panchayat - Dhondhara, R/o. Vill. Dhondliara, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) 21.Kacham Ram Markam, aged about 24 years, son of Shri Arjun Singh, Working as - Rojgar Sahayak, Gram Panchayat - Salna, R/o. Vill Salna, Janpad Panchayat - Baderajpur CBishrampuri), Distt. Bastar (C.G.) 22.Benuram Markam, aged about 21 years, son of Shri Dasaru Ram Markam, Working as Rojgar Sahayak, Gram Panchayat - Marganpuri, R/o. Vill. Marganpur, Jaapad Panchayat - Baderajpiir (Bishrampuri), Distt. Bastar (C.G.) 23.Kailash Nath Markam, aged about 22 years, son of Shri Binde Singh, Working as Rojgar Sahayak, Gram Panchayat - Khalari, R/o. Vill. Khalari, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) 24.Gayanath Pardeti, aged about 33 years, son of Shri Roop Singh Pardeti, Working as - Rojgar Sahayak, Gram Panchayat - Badagaon, R/o. Badagaon,Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) 25-Ramdeo Markam, aged about 22 years, son of Shri Budhson Markam, Working as - Rojgar Sahayak, Gram Panchayat - Harwel, R/o. Harwel, Janpad Panchayat - Baderajpur (Bishrampuri), Distt. Bastar (C.G.) VERSUS RESPONDENTS : 1. State of Chhattisgarh, through the Secretary, Department of Panchayat and Rural Development, Dau Kalyan Singh Bhawan, Raipur(C.G.) 2. The Commissioner, Chhattisgarh Employment Guarantee Council, Vikas Aayukt Karyalaya, Vikas Bhawan, Civil Lines, Raipiu- (C.G.) 3. Union of India, through the Secretary, Ministry of Rural Development, New Delhi. 4. The Disto-ict Programme Co-ordinator (Collector) Under the National Rural Employment Guarantee Act, 2005, Bastar, Distt. Bastar, Jagdalpur (C.G.) 5. Jila Panchayat - Bastar, through its Chief Executive OfBcer, Bastar, Jagdalpur (C.G.) 6. Janpad Panchayat - Lohandiguda, through its Chief Executive Officer, Lohandiguda, Distt. Bastar, Jagdalpur (C.G.) 7. Janpad Panchayat - Jagdalpur, through - its Chief Executive Officer, Jagdalpur, Distt. Bastar, Jagdalpur (C.G.) 8. Janpad Panchayat - Bastanar, through - its Chief Executive Officer, Bastanar, Distt. Bastar, Jagdalpur (C.G.) 9. Janpad Panchayat - Baderajpur (Office at Bishrampiiri), through its Executive OfFicer, Baderajpur, Distt. Bastar, Jagdalpur (C.G.) PETITION FOR REVIEWING THE ORDER DATED 17.01.2008 PASSED W W.P.S. N0. 360/2008. Present: Shri Roop Naik, Advocate for the petitioners. Shri U.N.S.Deo, Govemment Advocate for the State/respondents. SB: Hon'ble Shri Satish K. Aenihotri. J. ORDER (Passed on ...f.7.??day ofMarch, 2008) The petitioners, who are writ petitioners in W.P.(S) No. 360/2005 seeks review of the order dated 7th January, 2008 passed in W.P.(S) No. 360/2008 (Umashankar Kashyap & Others Vs. State of Chhattisgarh & Others) on fhe following ground: "4. That the counsel appearing on behalf of the petitioners, the following statement has not been submitted that 'The petitoners apprehend that pursuant to the subsequent advertisement, their services may be cancelled without completing a period of one year". But on the presumption of this submission the order was passed accordingly" It is unfortunate that the counsel after having appeared in the matter made this statement. In the writ petition also, at para 5.3 an averment to this extent was made on the basis of which the contention of the counsel appearing for the petitioners was recorded. The leamed counsel now changes his submission that thecounsel had submitted that some of the petitioners are at the stage of completion ofone year oftheir respective tenure. On reading of the order sought to be reviewed, the petitioners are not in a position to dispute the same as admittedly, fhe appointment ofthe petitioners were on contract basis for a period ofone year on a fixed pay ofRs.2000/-. The impression of the petitioners that the tenure of their services Would be extended further is without any basis. Thus, this petition does not require any consideration on the admissible grounds for review ofthejudgment and order. On perusal ofthe papers and documents appended thereto.there is no apparent error on the face ofrecords. .^' 6. The petitioners have not pointed out any manifest error in the record and the petitioners have not farther brought into the notice, any new fact which could not be produced earlier despite diligent efforts made by the petitioners. It is well settled principles oflaw that the review proceedings are not by way ofan appeal and have to be strictly confined to the scope and ambit ofOrder 47 Rule 1 ofthe Code of Civil Procedure, even in exercise of review jurisdiction by the High Court under Article 226 ofthe Constitution. The applicant has not produced any new ground for review, except the same ground which has been considered and decided in the writ petition. 7. The principle of law is well settled by several judicial pronouncements of the Hon'ble Supreme Coun in the case of Smt. Meera Bhanjan Vs. Smt. Ninnala Kumar Choudhary , Lily Thomas, etc. Vs. Union of India and others , Ajit Kumar Rafh Vs. State ofOrissa and others , Govemment ofT.N. and others Vs. M.Ananchu Asari and others , and Keria State Electricity Board Vs. Hitech Electrothermics & Hydropower Ltd and others . 8. Applying the well settled principles oflaw to the present case, there is no ground available for review ofthe order dated 07.01.2008 under fhe garb ofthe review petition, the petitioners seek an opportunity to argue the entire case afresh which would amount to convert the review petition into an appeal and the same is nbt sustainable in law. 9. As a result and in view ofthe foregoing, this review application is dismissed.No order as to costs. "——— — - — Sd/- Satish K. Agnihotri Judge