(Order of the Court was made by V.PARTHIBAN.J) The present Review Petition has been filed by the writ petitioners, seeking to review the order passed by this Court on 24.02.2017 in W.P.No.20724 of 2015.
2. The writ petition is filed against the order passed by the learned Central Administrative Tribunal, Chennai in O.A.No.1473 of 2012, dismissing the original application dated 23.03.2015. This Court has confirmed the order passed by the learned Tribunal vide order dated 24.02.2017. From the grounds raised by the review petitioners, it is seen that no where the review petitioners have pointed out as to what is an error committed by this Court while confirming the order passed by the learned Tribunal. It is a clear attempt on behalf of the review petitioners to re-open and re-argue the case, which attempt is a clear case of seeking review notwithstanding the limited scope of review jurisdiction in terms of Order 47 of the Civil Procedure Code. This Court has passed a very detailed order on the basis of factual finding of the Tribunal holding the claim of the review petitioners could not be considered for grant of relief. The detailed orders passed by this Court dated 24.02.2017 in paragraph Nos.11,12 & 13 are extracted below:
''11. Though at first blush, it appears that a plausible argument was advanced by the learned counsel appearing for the petitioners, the facts remains that at the time when the appointment was made from Junior Accountant to Senior Accountant, the pay of the petitioners was fixed under FR22(C) (old Rule). This fact would clearly demonstrate that such appointment cannot be construed except as one of promotion.
12. As regards the submissions of the learned counsel for the petitioners that as per the Recruitment Rules, appointment to the post of Senior Accountant was only by non-selection method, it has to be noted that even though the appointment was only by non-selection method, seniority being given primacy in the matter, still the fact remains that there was an element of selection involved in the appointment as admittedly the said appointment was done through DPC. Moreover, the other important factor to be noted is that as per the Recruitment Rules, appointment to the post of Senior Accountant is only from the grade of Junior Accountant who has completed three years of service in the feeder cadre. That being the case, mere wording 'uprgradation', cannot be construed to be as not one of promotion.
13. In the conspectus of the above facts, we are of the view that the petitioners have not made out any case for grant of relief and the order of the learned Tribunal impugned in the Writ Petition does not suffer from any infirmity. As regards the decision relied upon by the learned counsel for the petitioner, it is to be noted that the learned Tribunal has given a factual finding on this aspect that there was an element of selection involved in the appointment and the petitioners had the benefit of fixation of pay under FR 22(C) (old Rule), which fact would unequivocally demonstrate that it was not a mere upgradation, but one of promotion''.
3. The entire premise on which the decision was taken by this Court was on the basis of the factual finding by the Tribunal and this Court had continuously exercised its jurisdiction and judicial review under Article 226 of the Constitution of India and cannot go beyond the order passed by the learned Tribunal and render any contra factual finding.
4. The grounds as such raised in the review petition have not made out a case for interference while exercising our review jurisdiction in terms of order 47 of the Civil Procedure Code and the grounds raised by the writ petitioners in the review petition are only an attempt to re-open and re-argue the case, which cannot be permitted by this Court.
5. In the said circumstances, the review petition lacks merit and the same is therefore rejected. No costs.
dn Index: Yes/No Internet: Yes/No To
1. Union of India, rep. by the Secretary, Department of Posts, (Postal Accounts Wing), Ministry of Communications & IT., Dak Bhavan, Sansad Marg, New Delhi-110 001.
2. The Secretary, Department of Personnel & Training, Ministry of Public Grievances & Pensions, North Block, New Delhi-110 001.
3. The Deputy Director General(PAF), Department of Posts, (Postal and Accounts Wing), Ministry of Communications & IT.,), Dak Bhavan, Sansad Marg, New Delhi- 110 001.
(K.K.S.,J.) (V.P.N., J.) 22.06.2017
4. The Assistant Director General(PA-ADMN), Department of Posts, (Postal and Accounts Wing) Ministry of Communications & IT., Dak Bhavan, Sansad Marg, New Delhi-110 001.
5. The Registrar, Central Administrative Tribunal, Chennai-600 104.
K.K.SASIDHARAN.J.,& V.PARTHIBAN. J.
dn REV.A.No.95 of 2017 in W.P.No.20724 of 2015
22.06.2017