The Allahabad High Court has held that a review petition can be maintained even after dismissal of an SLP by the Supreme Court, provided the doctrine of merger is not attracted. The Court clarified that although the Supreme Court had kept a question of law open while dismissing the SLP, the question could not be reconsidered between the same parties, though it would remain open for adjudication in future cases involving other parties.
A Division Bench of Justice Rajesh Singh Chauhan and Justice Shree Prakash Singh made the observation while dismissing a review application filed by the State of Uttar Pradesh against a judgment dated August 30, 2022, which had upheld the entitlement of a retired Seasonal Collection Amin to computation of his services from June 5, 1986, for pensionary benefits.
The State had challenged the 2022 judgment before the Supreme Court through an SLP, which was dismissed on August 14, 2023. The Supreme Court had observed that the question of law, if any, was kept open. The State subsequently approached the High Court in review, relying on the Uttar Pradesh Validation Act, 2021, to contend that the employee’s initial services could not be counted for pensionary benefits.
Addressing the preliminary objection to maintainability, the High Court relied on the Supreme Court’s decisions reiterating that dismissal of an SLP at the stage of special leave does not attract the doctrine of merger.
On the scope of the question of law kept open by the Supreme Court, the Bench held that the State could not reopen that issue against the same employee after the SLP had been considered on merits and dismissed. However, the question would remain open for consideration in future cases involving other parties.
The Court also noted that the State had not raised the applicability of the Validation Act, 2021, before the Tribunal, the High Court in the original writ proceedings, or the Supreme Court, and had sought to introduce the ground for the first time at the review stage.
Accordingly, the Court held the review petition maintainable in principle but dismissed it on merits.
