SC dismisses review petition challenging HC orders

Excelsior Correspondent
SRINAGAR, Jan 18: Supreme Court has dismissed a review petition challenging Jammu and Kashmir High Court orders in which State was directed to amend SRO-75 of 1992.
The Division Bench of Supreme Court comprising Justice Ranjan Gogoi and Justice Abhay Manohar Sapre dismissed the petition filed by the Jammu and Kashmir State on the ground of delay and merit.
It may be mentioned that Jammu wing of High Court had on October 17 last year directed the State Government to amend SRO-75 of 1992 notionally from 1987 and financially from 1992.
Justice M K Hanjura issued direction to the State to implement its ruling in letter and spirit in WP 1608/192 as a cadre of Superintending Engineers by amending SRO-75 of 1992 replacing grade at serial number 23 with serial number 25.
“These review petitions have been filed against the order dated 17.10.2016 whereby the special leave petition were dismissed. Despite the fact that there is a delay in filing the review petitions for which no satisfactory explanation has been furnished,” read the order passed by SC.
The order further read: “in our opinion, no case for review of order is made out. The review petitions are dismissed on the ground of delay as well as on merits”
Pertinently petitioners Er Saif-ud-Din Shangloo, Abdul Khaliq Kanjwal, Nissar Hussain, Ghulam Mohi-ud-Din Sheikh, Mohammad Ramzan Dar, Vijay Kumar Bhagotra and J.L. Koul Mantoo (all retired Superintending Engineers) had filed an application being CMA No.188/2013, seeking leave of the Court to intervene in the instant Contempt Petition No.123 of 2013.
However, the application was dismissed on 13.06.2014 by a Single Bench of High Court. An application filed subsequently seeking review of the order dated 13.06.2014 was also dismissed vide order dated 20.02.2015.
The applicants assailed these orders in the appeals being LPAC No.02/2015 and LPAC No.3/2015. LPAC No.02/2015 c/w LPAC No.3/2015 came up before the Division Bench of this Court on 28.05.2015 and the Division Bench set aside the aforesaid orders dated 13.06.2014 and 20.02.2015 and allowed the application (CMA No.188/2013) for intervention, as a consequence of which the applicants were permitted to intervene in the Contempt (SWP) No.123/2013 against the order dated 28.05.2015 passed by the Division Bench.

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