Neutral Citation No. - 2025:AHC-LKO:26670 Court No. - 5 Case :- CIVIL MISC REVIEW APPLICATION No. - 32 of 2025 Applicant :- Managing Director,U.P. Rajya Nirma Sahkari Sangh Ltd. Lucknow Opposite Party :- Ashutosh Pratap Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- Vinod Kumar Singh,Jitendra Maurya Hon'ble Abdul Moin,J. 1. At the very outset, Shri Alok Sharma, learned counsel for the review applicant states that despite objections to the review application having been filed, he does not intend to file any reply there to and prays that the matter may be heard finally. 2. Accordingly, the Court proceeds to hear and decide the matter finally. 3. Heard Shri Alok Sharma, learned counsel for the review applicant as well as Shri Vinod Kumar Singh, learned counsel appearing on behalf of the petitioner-opposite party. 4. The instant review application has been filed praying for review of the judgment and order dated 27.02.2025 passed in Writ A No.12194 of 2024 in Re: Ashutosh Pratap vs. State of U.P. And Others. 5. By the aforesaid judgment, the writ Court, after considering that the father of the petitioner namely Shri Ram Kishun Yadav had been absorbed on 01.12.2014 and thereafter died in harness on 08.04.2022, had disposed of writ petition filed by Shri Ashutosh Pratap, son of the deceased employee, directing the respondent (applicant herein) to consider the claim of the petitioner for compassionate appointment in accordance with law and relevant rules. 6.The review application has been filed by urging that in terms of Rule 5 and Rule 15 of the U.P. Co-operative Societies Employees Service Regulation, 1975 (hereinafter referred to as "Regulations, 1975"), the recruitment for all appointments in the co-operative society is to be done by the Board. 7. It is contended that in the case of the petitioner, the Managing Director had passed the order of absorption of Shri Ram Kishun Yadav, i.e. father of the petitioner, without any order being passed by the Board and consequently, it cannot be said that the father of the petitioner stood absorbed in the Corporation and thus, the order of the Court directing the Corporation to consider the case of the petitioner for compassionate appointment on the ground that the father of the petitioner stood absorbed merits to be reviewed. 8. It is vehemently argued that once till such time Rule 5 and Rule 15 of the Regulations, 1975 continue to exist on the statute book, no such appointment / absorption of the petitioner's father could have been done by the Managing Director on his own accord and thus, the order of the writ Court merits to be set aside. 9. The aforesaid argument of Shri Alok Sharma, learned counsel for the review applicant is found to be patently fallacious and is rejected. 10. The reason is that a perusal of records would indicate that initially the Managing Director had sent a letter dated 02.09.2014, a copy of which is annexure 9 to the petition, to the Board seeking the absorption of Shri Ram Kishun Yadav. 11. The Board itself, vide its order dated 29.09.2014, a copy of which is annexure 10 to the petition, remitted the matter to the Managing Director to pass an order at his own level as per rules and in pursuance thereof, the Managing Director passed the absorption order dated 01.12.2014 and thus, the absorption order dated 01.12.2014 keeping in view of the aforesaid circumstances would be an order which had been passed with the approval of the Board. 12. It is also not the case of the respondent - Corporation that the order dated 01.12.2014 of absorption of Shri Ram Kishun Yadav has ever been cancelled or withdrawn or modified. 13. Admittedly, Shri Ram Kishun Yadav died in harness on 08.04.2022 which has resulted in his son namely the petitioner seeking compassionate appointment. 14. Considering the aforesaid, no ground for review of the judgment and order dated 27.02.2025 is made out. 15. Accordingly, the review application is dismissed. Order Date :- 7.5.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench