Central Administrative Tribunal - Lucknow
Union Of India vs Satya Narain Srivastava on 15 July, 2025
CAT, Lucknow Bench RA No. 10 of 2025 In OA No.508 of 2016 UOI &Ors Vs. Satya Narain Srivastava & Ors.
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Review Application No. 10 of 2025
In
Original Application No.332/00508/2016
Dated, this 15th day of July, 2025
Hon'ble Mr. Justice Anil Kumar Ojha, Member-Judicial
Hon'ble Mr. Pankaj Kumar, Member-Administrative
1. State of U.P. through the Chief Secretary, Government of U.P., Civil
Secretariat, Vidhan Bhawan, Lucknow.
2. The Principal Secretary, Appointment, Government of U.P., Civil
Secretariat, Vidhan Bhawan, Lucknow.
..... Review Applicants
By Advocate: Shri S. S. Rajawat
VERSUS
1. SatyaNarain Srivastava, aged about 60 years, Son of Late Udai
Shankar Srivastava, Resident of C-44, Butler Palace Colony, Lucknow.
2.Pramanshu, aged about 59 years, Son of Late Ram Hit, Resident of
120, Civil Lines, Bareilly, presently posted as Commissioner, Bareilly
Division, Bareilly.
3. Smt. Shraddha Mishra, aged about 59 years, wife of Dr. Rashmi Kant
Mishra, Resident of B-802, CSI towers, Vipin Khand, Gomti Nagar,
Lucknow, presently posted as Commissioner, Entertainment Tax,
Lucknow.
4.Chandrakant, aged about 59 years, Son of Late Prithvi Raj, Resident
of Commissioner's Residence, Agra, presently posted as -Commissioner,
Agra Division, Agra.
5. Surya Prakash Misra, aged about 59 years, Son of Late Ram Preet
Misra, Resident of -1/102, Viram Khand, Gomti Nagar, Lucknow,
presently posted as -Commissioner, Faizabad Division, Faizabad.
6. Mani Prasad Mishra, aged about 59 years, Son of Sri Prabhu
Shankar Mishra, Resident of B-602, CSI Tower, Vipin Khand, Lucknow,
presently posted as Secretary, Home Department, Government of U. P.
Lucknow.
7.PushyaPatiSaxena, aged about 60 years, Son of Late Dr. K. N.
Saxena, Resident of 5/36, Sector-5, Rajendra Nagar, Sahibabad,
District Ghaziabad.
8.Anil Rajkumar, aged about 58 years, Son of Late Rajendra Kumar,
Resident of -B-148, Sector-50, Noida, District Gautam Buddha Nagar,
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CAT, Lucknow Bench RA No. 10 of 2025 In OA No.508 of 2016 UOI &Ors Vs. Satya Narain Srivastava & Ors.
presently posted as -Additional Development Commissioner for
Handlooms, Ministry of Textiles, Government of India, New Delhi.
9.Dr. Indra Vir Singh Yadav, aged about 60 years, Son of Late Surendra
Singh Yadav, Resident of -R-9/239 Raj Nagar, Ghaziabad.
10. Smt. Neelam Ahlavat, aged about 59 years, Daughter of Late Raja
Ram, Resident of C-8, Butler Palace Colony, Lucknow, presently posted
as Commissioner, Azamgarh Division, Azamgarh.
11. Sudhir Kumar Dixit, aged about 59 years, Son of Sri S. P. Dixit,
Resident of C-750, Mahanagar, Lucknow, presently posted as -
Commissioner Devi Patan Division, District Gonda.
12. Sandeep Kumar Sharma, aged about 60 years, Son of late Shanti
Sharma, Resident of 75-A, Balrampur House, District Allahabad
presently working as Member (Judicial) Board of Revenue, District
Allahabad.
13. Ajay Kumar Upadhyaya, aged about 60 years, Son of Sri Durga
Prasad Upadhyay, Resident of 3/152, Vishal Khand, Gomti Nagar,
Lucknow.
14. Vijai Bahadur Singh, aged about 60 years, Son of Late
Markandey Singh, Resident of 3/157, Viraj Khand, Near Sahara
Hospital Gate No. 3, Gomti Nagar, Lucknow.
15. Murli Manohar Lal, aged about 56 years, Son of Sri Shyam Lal,
Resident of 1084-A Sector M, Ashiyana, Lucknow presently working as
Secretary-cum-Human Rights Commission, U. P./ Commissioner Food
Safety and Drug Administration at Lucknow.
16. Manoj Mishra, aged about 57 years, Son of Sri Anand Prakash
Mishra, Resident of 1/20, ViratKhand, Gomti Nagar, Lucknow,
presently working as Secretary Agricultural Education and Research,
Government of U.P., Civil Secretariat, Vidhan Bhawan, Lucknow.
17. Bharat Lal Rai, aged about 60 years, Son of Late Parasnath Rai,
Resident of 5/1194, Viram Khand, Gomti Nagar, Lucknow.
18. Shambhu Nath, aged about 58 years, Son of Sri Jeet Lal,
Resident of 3/329, Vishal Khand, Gomti Nagar, Lucknow presently
working as District Magistrate at Etah.
19. Rakesh Kumar, aged about 59 years, Son of Late Shyam Kishore
Srivastava, Resident of 147, ELDECO Greens, Gomti Nagar, Lucknow.
20. Narendra Kumar Singh, aged about 58 years, Son of Late Raj Pati
Singh, Resident of C-797, Sector-C Mahanagar, Lucknow presently
working as District Magistrate, Mainpuri.
21. Chandra Pal Singh, aged about 58 years, Son of Late Brij Bhanu
Singh, Resident of Village Rajpura, Tehsil Manikpur, District
Chitrakoot, presently posted as Secretary, Public Service Commission,
U. P. Allahabad.
22. Smt. Pushpa Singh, aged about 60 years, wife of Sri Ashok
Kumar Singh, Resident of 2/4, Dalibagh Colony, Lucknow presently
working as Managing Director, U. P. Bhumi Sudhar Nigam, Lucknow.
23. Rajiv Rautela, aged about 56 years, Son of Sri P. S. Rautela,
Resident of Flat No. 1202, Gomti Enclave, Tilak Marg. Dalibagh,
Lucknow, presently working as Secretary, Minor Irrigation Department,
Civil Secretariat, Vidhan Bhawan, Lucknow.
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CAT, Lucknow Bench RA No. 10 of 2025 In OA No.508 of 2016 UOI &Ors Vs. Satya Narain Srivastava & Ors.
24. Shiv Shyam Mishra, aged about 59 years, Son of Sri J. S. Mishra,
Resident of 342, ELDECO Green, Gomti Nagar, Lucknow.
25. Pramod Kumar Agrawal, aged about 59 years, Son of Sri Chhotey
Lal Agrawal, Resident of House No. 15, Sector 14 A, Noida, presently
working as ACEO, Noida Gautam Buddha Nagar.
26. Ajay Deep Singh, aged about 57 years, Son of Late Yashpal
Singh, Resident of 162, Vijay Nagar Colony, Kanpur Road, Lucknow,
presently working as Managing Director UPDESCO Lucknow.
27. Ram Vishal Mishra, aged about 58 years, Son of Late Ram Adhar
Mishra, Resident of A-602, CSI Tower, Vipin Khand, Gomti Nagar,
Lucknow, presently working as District Magistrate, Balrampur.
28. Dr. Alka Tandon Bhatnagar, aged about 58 years, wife of Sri P. K.
Bhatnagar, Resident of 1/595, Vaishali Ghaziabad, presently working
as Special Secretary, Department of Horticulture & Food Processing,
Government of U. P., Civil Secretariat, Vidhan Bhawan, Lucknow.
29. RudraPratap Singh aged about 59 years, Son of Sri Chhoteylal
Singh, Resident of B/3-102, ELDECO Elegance, Vibhuti Khand, Gomti
Nagar, Lucknow, presently working as Additional Commissioner U. P.
Avas and Vikas Parishad, Lucknow, Lucknow.
30. Sudhesh Kumar, aged about 57 years, Son of Late Ram Chandra
Ojha, Resident of C-39, Butler Palace Colony, Lucknow, presently
working as Director, Information & Public Relations Directorate,
Lucknow.
31. Arun Kumar Mishra, aged about 59 years, Son of Late Virendra
Nath Mishra, Resident of 5/72, Vishal Khand, Gomti Nagar, Lucknow,
presently working as Special Secretary, Bal Vikas EvamPushtahar
Department, Government of U. P., Civil Secretariat, Vidhan Bhawan,
Lucknow.
32. Jai Prakash Singh, aged about 60 years, Son of Sri R. N. Singh,
Resident of 19/295, Indira Nagar, Lucknow.
33. Chandra Prakash Tripathi, aged about 57 years, Son of Sri
Shyam Narain Tripathi, Resident of E-103, Sector 52, Noida, District
Gautam Buddha Nagar, presently working as Special Secretary,
Department of Irrigation, Govt. of U. P., Civil Secretariat, Vidhan
Bhawan, Lucknow.
34. Vireshwar Singh aged about 59 years, Son of Sri Ram Kripal
Singh, Resident of K-1280 A, Ashiyana, Lucknow presently working as
District Magistrate Mahoba.
35. Ajay Kumar Singh, aged about 59 years, Son of Sri K. D. Singh,
Resident of 3/203, Vishal Khand, Gomti Nagar, Lucknow, presently
working as Director, Technical Education, Lucknow.
36. Hari Kant Tripathi, aged about 59 years, Son of Sri Ram Lautan
Tripathi, Resident of 1/182A, Vineet Khand, Gomti Nagar, Lucknow,
presently working as Special Secretary, Housing and Urban Planning,
Government of U P., Civil Secretariat Vidhan Bhawan, Lucknow.
37. Sunil Kumar Srivastava, aged about 59 years, Son of Sri Ram
Chandra Srivastava, Resident of B3/95, Vishal Khand, Gomti Nagar,
Lucknow, presently working as Special Secretary, Social Welfare
Department, Government of U. P., Civil Secretariat Vidhan Bhawan,
Lucknow.
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CAT, Lucknow Bench RA No. 10 of 2025 In OA No.508 of 2016 UOI &Ors Vs. Satya Narain Srivastava & Ors.
.....Review Respondents
38. Union of India, through the Secretary, Ministry of Department of
Personnel and Training, Government of India, North Block, New Delhi.
.....Proforma Respondent
By Advocate:
ORDER (UNDER CIRCULATION)
Per Hon'ble Mr. Pankaj Kumar, Member-Administrative The Review Applicants (Respondents in OA No. 508 of 2016) have prayed for condonation of delay in filing this Review Application (RA, hereafter) vide MA No. 1265 of 2025 dated 26.05.2025 on the ground that the judgment and order dated 23.01.2025 in OA No. 508 of 2016 was received by them on 10.02.2025 and, thereafter, it took some time in examining the matter and legal consultation before deciding to file this RA. The grounds are found sufficient and MA No. 1265 of 2025 is allowed condoning the delay in moving this RA.
2. In this RA, the Review Applicants have prayed for review of judgment and order dated 23.01.2025 passed by this Tribunal in O.A. No. 508 of 2016 Satya Narain Srivastava & Ors Vs. Union of India & Ors on the following grounds:
(i) The Review Respondents had not completed five years of service in PB-IV in the Provincial Civil Service (PCS) cadre under rule 18 of the U.P. Civil Services (Executive Branch) (Fifth Amendment) Rules, 1997 rendering them ineligible for the next higher pay scale.
(ii) The Review Respondents' case is not similarly situated as that of Shri Gaya Prasad as he had been promoted to the highest pay scale in PCS cadre, unlike the Review Respondents.
(iii) This Tribunal has failed to consider the judgment dated 23.12.2024 in OA No. 988 of 2021 Badal Chatterjee vs Union of Page 4 of 6 CAT, Lucknow Bench RA No. 10 of 2025 In OA No.508 of 2016 UOI &Ors Vs. Satya Narain Srivastava & Ors.
India and OA No. 987 of 2021 Shankar Singh vs Union of India passed by the Allahabad Bench of this Tribunal.
4. The scope of review has been delineated by Hon'ble Supreme Court in Sanjay Kumar Agarwal vs. State Tax Officer (1) & Anr. with other connected matters [2023 INSC 963], in following terms:
"16. The gist of the afore-stated decisions is that: -
(i) A judgment is open to review inter alia if there is a mistake or an error apparent on the face of the record.
(ii) A judgment pronounced by the Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so.
(iii) An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying the court to exercise its power of review.
(iv) In exercise of the jurisdiction under Order 47 Rule 1 CPC, it is not permissible for an erroneous decision to be "reheard and corrected."
(v) A Review Petition has a limited purpose and cannot be allowed to be "an appeal in disguise."
(vi) Under the guise of review, the petitioner cannot be permitted to re-agitate and reargue the questions which have already been addressed and decided.
(vii) An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning on the points where there may conceivably be two opinions.
(viii) Even the change in law or subsequent decision/ judgment of a co-
ordinate or larger Bench by itself cannot be regarded as a ground for review."
(emphasis supplied)
5. It is observed that in OA No. 508 of 2016, this Tribunal had considered the submissions made by both the parties and had passed the following operative order taking note of the judgment and order dated 25.02.2015 passed by this Tribunal in OA No. 257 of 2010 Rajesh Kumar Shrivastava vs Union of India & Ors:
"7.1 In view of the foregoing, this OA is disposed of with a direction to the respondent nos. 2 and 3 to grant the benefit of pay protection to the applicants from the date of grant of enhanced pay to their junior in UPPCS, Gaya Prasad, on the same analogy as in Rajesh Kumar Srivastava (supra) within a period of three months from the date of receipt of certified copy of this order."
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CAT, Lucknow Bench RA No. 10 of 2025 In OA No.508 of 2016 UOI &Ors Vs. Satya Narain Srivastava & Ors.
6. It is further observed that the Review Applicants have re-agitated the issues raised in OA No. 508 of 2016 which were settled by us in terms of Rajesh Kumar Srivastava (supra). It is noted that the Review Applicants did not bring the judgment and order dated 23.12.2024 rendered by the Allahabad Bench of this Tribunal in OAs No. 987 and 988 of 2021 on record during the adjudication of OA No. 508 of 2016. It is observed that while Rajesh Kumar Shrivastava (supra) has been taken note of in the judgment dated 23.12.2024, it has not been discussed therein.
7. It is conceivable to hold another opinion in regard to certain averments made by the Review Applicants for which the appropriate legally permissible recourse would be to prefer an appeal.
8. In view of the foregoing, in our opinion, no case is made out for review of the order dated 23.01.2025 passed in O.A. No. 508 of 2016. Accordingly, the Review Application is dismissed.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
vidya
Vidya Ben Digitally signed by
Vidya Ben Waghela
Waghela 16:35:20 +05'30'
Date: 2025.07.15
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