Union Of India And Ors vs Pawan Kumar And Ors

V. Ajay Kumar, J

MA No.3595/2018

In the circumstances, and for the reasons mentioned therein, the MA filed for condoning of the delay in filing RA is allowed.

RA No.157/2018

This Review Application has been filed by the respondents in OA No. 1848/2015. The said OA was disposed of by way of order dated 29.11.2017, and the operative portion of the same, reads as under:-

"10. In the circumstances, the OA is allowed, and the respondents are directed to redraw the impugned Annexure-A/1 dated 31.12.2015, in terms of M. Nagaraj (supra), i.e. without reference to the rule of reservation and to promote the eligible persons in consequence to the said redrawing, with all consequential benefits, however, without arrears, if any, in the circumstances. This exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. No costs.

Pending MAs, if any, stand disposed of".

This Tribunal while disposing of the OA, by its order dated 29.11.2017, directed the respondents to act in terms of the Constitutional Bench decision in M. Nagaraj and Others Vs. Union of India and Others, (2006) SCC 212, only. The review applicants, in fact, have not raised any new ground or grounds in the review and they are simply trying to re-argue the O.A. by filing the instant RA, which is not permissible as per the settled principles of law.

Further, the order dated 17.05.2018 in SLP No.30621/2011 in Jarnail Singh & Others vs. Lachhmi Narain Gupta & Others (Annexure RA-1), basing on which the review applicants are seeking to review the order in the O.A. is subsequent to the date of disposal of the OA, i.e., after 29.11.2017, and hence cannot be considered under the review jurisdiction of this Tribunal.

In the circumstances and for the aforesaid reasons, we do not find any merit in the RA and accordingly, the same is dismissed. No costs.