HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 149 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. (Ref: C.M. Application No. Nil of 2025; Application for Delay Condonation) 1. This application has been filed seeking condonation of delay in filing the review petition. 2. The cause shown in the affidavit filed in support of the application is sufficient and as such the delay in filing the review petition is condoned. Order on memo of Review Petition 1. This review petition has been filed seeking review of judgement and order dated 16.7.2025 passed in Writ-A No. 12877 of 2024 whereby writ petition has been dismissed. 2. Learned counsel for review petition submits that petition has been filed for a direction to the concerned authority to treat petitioner as promoted on class III post upon completion of five years of regular class IV employment with retrospective effect and for consequential benefits. 3. It has been submitted that in the writ proceedings, specific ground of discrimination has been taken by petitioner to the effect that another class IV employee namely Laxman Kishor Mehrotra, who was employed in District Bahraich, was promoted in the year 1995 whereas petitioner being similarly placed was promoted only in the year 2013 thereby depriving him of service benefits. It is submitted that while dismissing the petition, this Court has Versus Counsel for Applicant(s) : Kaushal Kishore Counsel for Opposite Party(s) : Amar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lok Nirman Vibhag U.P. Lko. And 4 Others .....Opposite Party(s) ignored the Government order dated 3.9.1995 which provided for petitioner's promotion upon completion of five years of regular class IV post. 4. Upon consideration of submission advanced by learned counsel for review petitioner and perusal of material available on record, it is evident that although pleading pertaining to the Government order dated 3.9.1995 has been taken in writ petition but the said Government order had not been appended to the writ petition. The said order has thereafter been produced by learned counsel for review applicant today which is taken on record. 5. It is also evident that writ petition had been dismissed on the ground that petitioner was considered for promotion only in the year 2013 when vacancy arose on a class III post in District Barabanki where he was employed whereas Laxman Kishor Mehrotra was employed in a different District Bahraich and was promoted in the year 1995 when vacancy arose in that District. 6. In the writ petition, it has been stated that petitioner was called for an interview in January, 2000 but was not promoted in pursuance thereof. However, there is no averment in the writ petition that any vacancy on a class III post ever arose in District Barabanki in the year 2000. 7. In view of aforesaid discussion, it is being evident that the Government order was not on record and even otherwise, would not confer any deemed status upon petitioner of class III employee, this Court is of the opinion that review jurisdiction cannot be exercised as a disguise for appellate jurisdiction. 8. Considering the grounds taken in the review petition and submissions made by learned counsel for review petitioner, there does not appear to be any error apparent on the face of record. 9. Accordingly, review petition, therefore, fails and is dismissed. (Manish Mathur,J.) September 16, 2025 AKK CMRAD No. 149 of 2025 2 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench