Central Administrative Tribunal - Delhi
Rajendra Prasad vs Kendriya Vidyalaya Sanghthan on 19 January, 2024
1
RA No. 8/2024 in
OA No. 3217/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
R.A. No. 8/2024
in
O.A. No. 3217/2019
This the 19th day of January, 2024
Hon'ble Dr. Anand S. Khati, Member (A)
1. Rajendra Prasad, Aged about 74 years, Group-'B'
S/o Late Sh. Aparbal Yadav
Retd. PGT (Maths) from K V Aliganj Lucknow,
R/o Vill. - Sugauti, P.O. - Maharajganj,
Azamgarh, UP.
2. Sh. Lakhan Babu Tripathi, Aged about 78 years,
S/0 Sh. Man Manohar Tripathi,
Rtd. PGT.(Chemistry) from K.V. Barabanki Lucknow.
R/o L.VI/5 Sector N, Aliganj, Lucknow, UP.
3. Sh. Madan Gopal Gupta, Aged about 70 years
S/0. Late Jagdish Prasad
Rtd. PGT(History) from KV NTPC Rihand Nagar
Sonbhadra UP
R/o H. No: 377, Ward No. 06, Lajpatty
P.O. & Distt;: - Hojai, Pin-782435
4. Ms. Dulari Barua, Aged about 69 years,
W/o Late Ranjit Kumar Barua
Rtd. TGT (Maths.) from K.V. CRPF Amerigog,
Guwahati -23
R/o Flat No. C-3 Building No. 1,
Rukmini Gaon, Guwahati-22, Assam.
5. Ms. Manjula Devi, aged about 65 years,
Retd. TGT (Science) from K.V. CRPF (GC) Amerigog,
Guwahati -23
R/o H.No. 8, Kanaklata Saikia Path,
Bhetapara, Beltola, Guwahati- 781028
Distt. Kamrup (Metro) Assam.
6. Mrs. Ena Barbora, Aged about 64 years
W/o Sh. P.K. Barbora,
Rtd. TGT (English) from
K.V. Kanchan Bagh, Hyderabad
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RA No. 8/2024 in
OA No. 3217/2019
R/o H. No. 12, Home Sweet Home,
SOS Village Road, Borjhar,
Distt. Kmrup (Metro) Guwahati,
Assam Pin:781015
7. Sh. Chitta Ranjan Ligira, Aged about 66 years,
S/o Late Kali Ram Ligira,
Rtd. TGT(English) from K.V. Nagaon,
Guwahati Region
R/o Shantibon, Town Panigaon,
Ward No. 18, H. No.477
P.O. -Itachali, Ditt.: - Nagaon,
Assam Pin: 782003
8. Mrs. Anima Dadhara, Aged 71 years
W/o Late Prafulla Saikia,
Rtd. PRT from K.V. Nagaon Guwahati Region.
R/o North Haibargaon
Lao Khowa Road, Ward No, 22,
Nagaon, Assam-782001.
9. Mrs. Adiba Ufrooja Huq, Aged 71 years,
W/o Idris Ali Israfil
Rtd. PRT from K.V. Nagaon Assam
R/o Natun Bazar, A.D.P. Road,
Nagaon, Assam-782001
10. Mrs. Rita Gogoi, Aged about 64 years,
W/o Sh. Sidheswar Gogoi
Rtd. PGT (Biology) from K.V. Maligaon, Guahati.
R/o H. No.6, Orchid Residency,
Sawkuchi, Near Gate 2,
Sarusajal Stadium, P.O. Sawkuchi,
Guwahati, Kamrup, Assam - 781040.
11. Mrs. Masum Ara Rahman, Aged about 62 years,
W/o Sh. Ashraff Ullah
Rtd. PRT K.V. IIT-G, Guwahati-781039
R/o. H. No. 87, First Floor,
Anupam Nagar Path,
Near Masjid-e-Noor Hatigaon,
Guwahati-781038, Kamrup (M) Assam.
12. Mrs. Veena Kaul, Aged about 63 years,
W/o Sh. Vijai Prakash
Rtd. Librarian from KV CRPF Bijnor, Lucknow UP
R/o H. No. 2/622-0, Vikram Khand,
Gomtinagar, Lucknow-326010 (UP).
... Review Applicants
3
RA No. 8/2024 in
OA No. 3217/2019
Versus
Kendriya Vidyalaya Sangathan & Anr.
1. Commissioner,
Kendriya Vidyalaya Sangthan,
18, Institutional Area,
Shaheed Jeet Sing Marg,
New Delhi-110016
2. Joint Commissioner (Finance)
Kendriya Vidyalaya Sangthan,
18, Institutional Area,
Shaheed Jeet Singh Marg
New Delhi-110016
...Respondents
ORDER (By Circulation)
The present Review Application (RA) has been filed by the review applicants under Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking to review/recall the order dated 13.12.2023 passed by this Tribunal in O.A. No. 3217/2019.
2. The RA has been filed by the review applicants on the ground that the applicants, who are retired employees of KVS, are not satisfied with the aforesaid order as they had filed this OA in the year 2019 seeking extension of benefits of GPF-cum-Pension Scheme in place of CPF and, after 4 years' litigation, the case has been withdrawn, all of a sudden, whereas their case is squarely covered by the judgment dated 27.07.2023 passed by the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Civil Writ Petition No.16677/2022 titled "The Joint Commissioner, K.V.S. & Anr. 4
RA No. 8/2024 in OA No. 3217/2019 Vs. Miss Vijay Laxmi Sharma and batch, annexed as Rej/A along with the rejoinder and, accordingly, the review applicants are pleading that the order passed in the O.A. may be recalled/reviewed and decide the same by virtue of aforesaid decision dated 27.07.2023.
3. We have perused the aforesaid order dated 13.12.2023 and also the contents of the Review Application. By the aforesaid order, the O.A. was dismissed as withdrawn at the request of the learned counsel for the applicants, with liberty to the applicants to file a fresh O.A., in accordance with law, if any of their grievances still subsists.
4. It is stare decisis that even when the order passed is wrong and erroneous, the R.A. would not be maintainable. It can be entertained only on the limited grounds, such as (i) there is an error apparent on the face of record, (ii) some such documents, which could not be produced at the time of final adjudication despite due diligence, are brought to the notice of the Court with Review Application and (iii) there is some other sufficient reason.
5. I do not find any error apparent on the face of the record or discovery of new material, which was not available with the review applicants despite due diligence at the time of final hearing. If the review applicants are not satisfied with the order passed by the Tribunal, remedy lies elsewhere. By way of this Review Application, the review applicants have made an attempt to reargue the matter, 5 RA No. 8/2024 in OA No. 3217/2019 reiterating the points and the grounds which have already been raised in the Original Application, which is not permissible in terms of the provisions contained in Section 22 (3) (f) of the Administrative Tribunals Act, 1985 read with Order XLVII, Rule (1) of CPC, and also in view of the ratio laid down by the Hon'ble Supreme Court in Union of India v. Tarit Ranjan Das, 2004 SCC (L&S) 160.
6. In view of the above, the Review Application No.8/2024 is dismissed, in circulation.
(Dr. Anand S Khati) Member (A) /jyoti/