RE: Civil Misc. Review Application No.7961 of 2018

1. Heard Sri Vidhya Shanker Tiwari, learned counsel for the appellant and perused the records.

2. The special appeal, review whereof is being sought, was dismissed vide order dated 14.12.2017 which is quoted as under:-

"We do not find any merit in the special appeal.

Dismissed."

3. The aforesaid special appeal was filed challenging the order dated 22.11.2017 passed in Writ Petition (A) No.55430 of 2017 (Keshav Singh vs. State of U.P. and two Others) by which the writ petition was dismissed on the ground of laches, which is quoted as under:

"Heard Sri Vidhya Shanker Tiwari for the petitioner and Standing Counsel for State-respondents.

The writ petition has been filed for quashing the order dated 10.12.2012 by which it has been held that the petitioner retired from service on 26.2.2010 and the papers relating to post retiral dues has been forwarded for payment.

Post retiral dues has been received by the petitioner in the year 2011. At present the petitioner has disclosed his age as 66 years in his affidavit. Thus after seven years of retirement no relief can be granted to the petitioner.

The counsel for the petitioner relied upon the judgement of this Court in Ravindra Nath Shukla Vs. State of UP, 2016 (4) ADJ 1 (D.B.), in which it has been held that in the matter of family pension, for the reason of delay in processing the family pension, writ petition is not liable to be dismissed.

The case law relied upon by the counsel for the petitioner is not applicable in this case inasmuch as the petitioner has accepted the post retiral dues without challenging the order of retirement.

The writ petition is dismissed on the ground of laches."

4. Learned counsel for the review applicant has sought to argue the matter on the ground that service book of the petitioner was not provided to him and the correction in the same was made by the employer.

5. Learned counsel for the applicant has very fairly submitted that all such aspects of the matter were taken before the Writ Court, however, the petition was dismissed on the ground of laches as the petitioner retired from service on 26.02.2010 and he had also received post retiral benefits in the year 2011 and petition was filed in the year 2017.

6. We find that all such grounds that are being re-agitated before this Court in this review application is beyond the scope of provisions of review underOrder 47 → Rule 1 → "> Order 47 Rule 1 CPC.

7. Accordingly, We do not find any merit in the present review application and the same is rejected.