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2016 Supreme(All) 686

SURENDRA VIKRAM SINGH RATHORE
SAROJNI DEVI – Appellant
Versus
DEPUTY COMMANDANT GENERAL HOME GUARDS HEAD QUARTER – Respondent


Advocates:
Counsel :
H.G.S. Parihar, Meenakshi Singh and Shashank Shekhar Parihar for the Petitioner; S.C. for the Respondents..

JUDGMENT

Hon’ble Surendra Vikram Singh Rathore, J.—Heard Mr. H.G.S. Parihar, learned Senior Advocate for the review petitioner, learned Standing Counsel for the State and perused the material available on record.

2. The instant review petition has been filed under Chapter V, Rule 12 of the Rules of the Court read with Section 114 and Order 47 of the C.P.C. by the review petitioner against the judgment and order dated 27.2.2012 passed by this Court in Writ Petition No. 6565 (SS) of 2008 whereby the said writ petition was dismissed.

3. Submission of learned counsel for the review petitioner was that wrong facts were placed before the Court on behalf of the respondents and relying upon the pronouncement of this Court in the case of Riyasat Alia and others v. State of U.P. and others, 2003 (53) AIR 257, which has been followed in the case of Suraj Prasad Tewari v. Zila Commandant, Home Guards, Hamirpur and others, (2005) 1 UPLBEC 404, the said petition was dismissed. It is further submitted that the said case laws were with reference to the Home Guards, who were not treated to be civil servants as they were on daily payment basis. He has further submitted that review petitioner Sarojani














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