UNION OF INDIA vs SRI.M.C.GHOSH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
REVIEW PETITION NO. 57 OF 2023
C/W
REVIEW PETITION NO. 53 OF 2023,
REVIEW PETITION NO. 55 OF 2023,
REVIEW PETITION NO. 58 OF 2023
IN RP No. 57/2023:
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY SECRETARY
MINISTRY OF DEFENCE
SOUTH BLOCK, NEW DELHI - 110 001.
2. THE ENGINEER- IN-CHIEF
ARMY HEAD QUARTERS
KASHMIR HOUSE, NEW DELHI - 10 001.
3. CHIEF ENGINEER (AIR FORCE)
NO.2 D C AREA MES ROAD
YESHWANTHAPUR, BANGALORE - 560 022.
…PETITIONERS
Digitally signed
by NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI JAYAKARA SHETTY H, ADV.)
AND:
SRI S.G. PHADKE
(MES -150638)
S/O LATE GURUNATH GUNDU DIXIT PHADKE
AGED ABOUT 73 YEARS
EE (QS AND C) (RETIRED)
9/A 1ST CROSS ASHOKA AVENUE
K.R. GARDEN, MURUGESH PALYA
BENGALURU - 560 017.
…RESPONDENT
(BY SRI N.G. PHADKE, ADV.)
- 2 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
THIS REVIEW PETITION IS FILED UNDER SECTION 114 OF CPC
R/W ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER
DATED 24.03.2021 MADE IN WRIT PETITION NO. 1879/2021 BY THIS
HONBLE COURT AND KINDLY GRANT RELIEFS SOUGHT FOR IN THE
WRIT PETITION NO. 1879/2021 BY THE PETITIONERS BY ALLOWING
THE SAME, IN THE INTEREST OF JUSTICE.
IN RP NO. 53/2023:
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY SECRETARY
MINISTRY OF DEFENCE
SOUTH BLOC, NEW DELHI - 110 001.
2. THE ENGINEER -IN-CHIEF
ARMY HEAD QUARTERS
KASHMIR HOUSE
NEW DELHI - 110 001.
3. CHIEF ENGINEER (AIR FORCE)
NO.2, D.C AREA
MES ROAD, YESHWANTHPUR
BANGALORE - 560 022.
...PETITIONERS
(BY SRI JAYAKARA SHETTY H, ADV.)
AND:
SRI N. SRIDHARAN
(MES-125242)
S/O LATE N NAGARAJA RAO
AGED ABOUT 73 YEARS
EE (QS AND C) (RETIRED)
NO.172, IST CROSS, 4TH MAIN
4TH STAGE, WEST OF CHORD ROAD
RAJAJINAGAR INDUSTRIAL TOWN
BENGALURU - 560 064.
...RESPONDENT
(BY SRI N.G. PHADKE, ADV.)
THIS REVIEW PETITION IS FILED UNDER SECTION 114 OF CPC
R/W ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER
DATED 23.03.2021 MADE IN WRIT PETITION NO. 2262/2021 BY
THIS HONBLE COURT AND KINDLY GRANT RELIEFS SOUGHT FOR IN
- 3 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
THE WRIT PETITION NO. 2262/2021 BY THE PETITIONERS BY
ALLOWING THE SAME, IN THE INTEREST OF JUSTICE.
IN RP NO. 55/2023:
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY SECRETARY
MINISTRY OF DEFENCE
SOUTH BLOCK, NEW DELHI - 110 001.
2. THE ENGINEER IN CHIEF
ARMY HEAD QUARTERS
KASHMIR HOUSE
NEW DELHI - 110 001.
3. CHIEF ENGINEER (AIR FORCE)
NO.2, D.C.AREA, MES ROAD
YESHWANTHPUR
BANGALORE - 560 022.
...PETITIONERS
(BY SRI JAYAKARA SHETTY H, ADV.)
AND:
SRI M.C. GHOSH
(MES-228501)
S/O LATE A.K. GHOSH
AGED ABOUT 73 YEARS
AE (QS AND C) (RETIRED)
NO.5, 5TH A MAIN, ESCORT COLONY
1ST CROSS, ATTUR LAYOUT
YELAHANKA, BENGALURU - 560 064.
...RESPONDENT
THIS REVIEW PETITION IS FILED UNDER SECTION 114 OF CPC
R/W ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER
DATED 24.03.2021 MADE IN WRIT PETITION NO. 2057/2021 BY
THIS HONBLE COURT AND KINDLY GRANT RELIEFS SOUGHT FOR IN
THE WRIT PETITION NO. 2057/2021 BY THE PETITIONERS BY
ALLOWING THE SAME, IN THE INTEREST OF JUSTICE.
- 4 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
IN RP NO. 58/2023:
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY SECRETARY
MINISTRY OF DEFENCE
SOUTH BLOCK
NEW DELHI - 110 001.
2. THE EINGINEER IN CHIEF
ARMY HEAD QUARTERS
KASHMIR HOUSE
NEW DELHI - 110 001.
3. CHIEF ENGINEER (AIR FORCE)
NO2, D C AREA, MES ROAD
YESHWANTHPURA, BANGALORE - 560 022.
...PETITIONERS
(BY SRI JAYAKARA SHETTY H, ADV.)
AND:
SRI E. UNNIKRISHNAN
(MES-116480)
S/O LT NATESA MENON
AGED ABOUT 72 YEARS
EE (QS AND C) (RETIRED)
CMA 803, GOLDEN BLOSSOM
KADUGODI P.O, BENGALURU - 560 067.
...RESPONDENT
(BY SRI N.G. PHADKE, ADV.)
THIS REVIEW PETITION UNDER SECTION 114 OF CPC R/W
ORDER 47 RULE 1 OF CPC, PRAYING THAT THIS HONBLE COURT
MAY BE PLEASED TOA) CALL FOR RECORDS IN RESPECT OF WRIT
PETITION NO. 2898/2021.B) REVIEW THE ORDER DATED
23.03.2021 MADE IN WRIT PETITION NO. 2898/2021 BY THIS
HONBLE COURT AND KINDLY GRANT RELIEFS SOUGHT FOR IN THE
WRIT PETITION NO. 2898/2021 BY THE PETITIONERS BY
ALLOWING THE SAME, IN THE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
- 5 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present review petition has been filed seeking review
of the judgment and order dated 24.03.2021 passed by this
Court in W.P. No.1879/2021.
2. The writ petition filed by the Union of India
challenging the order dated 18.07.2019 passed by the Central
Administrative Tribunal, Bengaluru Bench, in Original
Application No.170/1803/2018 came to be dismissed by this
Court, in view of the judgment passed in similar matters in
W.P.No.2262/2021 and W.P. No.2898/2021.
3. Learned counsel for the review petitioner submits
that the writ petition filed by the Union of India in W.P.
No.1879/2021 came to be dismissed by this Court vide
judgment dated 24.03.2021, placing reliance on the judgment
of the Supreme Court in Union of India and Others v. Balbir
Singh Turn and Another , (2018) 11 SCC 99. This Court also
placed reliance on the judgment rendered by the Bombay High
- 6 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
Court in M.P. Joseph v. Union of India and Others in W.P.
No.1763/2013 dated 15.10.2018.
4. It is further submitted that, challenging the
judgment dated 15.10.2018 passed by the Bombay High Court
in W.P. No.1763/2013, the Union of India had preferred Civil
Appeal No.1644/2021 arising out of SLP (Civil) Diary
No.12114/2019 before the Supreme Court. The said appeal was
pending consideration before the Supreme Court when this
Court passed the judgment dated 24.03.2021 in W.P.
No.1879/2021. Subsequently, the Supreme Court allowed Civil
Appeal No.1644/2021 arising out of SLP (Civil) Diary
No.12114/2019 vide judgment dated 28.04.2021. In view of
the subsequent judgment of the Supreme Court, learned
counsel submits that an error has crept into the judgment
under review.
5. We have considered the submissions made by
learned counsel for the review petitioner and perused the
material on record.
6. As on the date of passing of the judgment under
review, i.e., 24.03.2021, the Supreme Court had not rendered
- 7 -
HC-KAR
NC: 2026:KHC:60540-DB
RP No. 57 of 2023
C/W RP No. 53 of 2023
RP No. 55 of 2023
AND 1 OTHER
CNR: KAHC010068132023
its judgment in Civil Appeal No.1644/2021. The change in law
would not entitle the party to seek review of the judgment in
order which has attained finality between the parties.
7. The review petitioner did not approach the Supreme
Court against the judgment passed by this Court in
W.P.No.1879/2021. Therefore, the subsequent judgment of the
Supreme Court cannot be a ground to seek a review of the
judgment dated 24.03.2021 passed in W.P. No. 1879/2021.
8. We, therefore, find no ground to review the
judgment and order dated 24.03.2021 passed in
W.P.No.1879/2021, accordingly, the review petition is
dismissed as not maintainable as lacking merit or substance.
Sd /-
(D K SINGH)
JUDGE
Sd
/-
(S VISHWAJITH SHETTY)
JUDGE
KK/RKA
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