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Judgment
Manish Garg, Member (J)
The Original Applicant has filed this Review Application under Section 22 (f) of Administrative Tribunals Act, 1985 seeking to review the order passed in OA No.1514/2021.
The said OA was allowed by the Tribunal vide order dated 15.12.2022 with the following direction:
“7. Needless to say as per their own averments in the counter affidavit as highlighted above, after deducting a sum of Rs.1,07,361/- , due payment as stated in paragraph No. 3 be released to the applicant within a period of two months from the date of receipt of a certified copy of this order, failing which, the applicant shall be entitled to interest @ GPF rate till the actual date of payment.”
We have considered the Review Application and find that applicant is seeking to review the aforesaid order of the Tribunal dated 15.12.2022 by directing the respondents to release the due payment of applicant as stated in para 3 & 5 of the Tribunal‟s order or as admitted by the respondents in their counter affidavit. We are of the considered view that the applicant ought to have filed an application for modification/ clarification in case there was some ambiguity about the directions given by the Tribunal in its order dated 15.12.2022 but he chose to file the present review application for recalling the order.
We, therefore, make it clear that by virtue of Tribunal‟s Order dated 15.12.2022, this Tribunal meant to release the due payment to the applicant in terms of the para 3 & 5 of its order strictly as per the admission made by the respondents themselves in the relevant para of their counter affidavit.
In view of the aforesaid, order is modified to the aforesaid extent. Let a copy of this order be given to both the parties for compliance.