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Judgment
Heard learned senior counsel for the petitioners - Railway and learned senior counsel for the private respondent.
The Tribunal has refused to entertain the review
application for the reasons provided in paragraph Nos. 7 & 8,
which reads as such:
"7. It is evident that it is not the case of any apparent error on the face of the record. It is well settled law that the scope of review is limited to correct self-evident error. What the
Railways are seeking is readjudication of the matter and changing the finding of the Tribunal earlier. The question to be addressed is whether the Hon''ble High Court''s order dated 19.2.2014 gives the liberty to readjudicate the case and change the finding. My view is that it is not so. The Railways were the writ applicants. They themselves withdrew the writ and liberty was granted to them to withdraw it. Had it been remanded by the Hon''ble High Court after hearing the issue to the Tribunal for rehearing that would have give the scope for readjudication. 8. Even if I stretch to presume that the Hon''ble High Court by its order dated 19.02.2014 has given me an authority to rehear the case, I am not inclined to do so for the reason that the matter is really trivial. There was indeed an order not to take coercive step against the applicant. After a few months the said transfer order was quashed and set aside. Allowing salary for this interregnum does not involve any major policy issue, it has no wide implication, and in essence the authorities have wasted much more public money in litigation than the amount involved in the question."
No other exercise was possible for the Tribunal to
embark upon in a review application. The dismissal of the
review application was warranted for the reasons which have
been reproduced in earlier part of the order.
The Court has been informed that the order of the
Tribunal has also been complied and payment for the period of
three months which is the bone of contention no longer
remains.
The writ application is dismissed.