CAT - ['Allahabad']
Administrative and Public LawEmployment and Labour Law

A non-material factual error may be corrected on review without reopening the merits.

R P PRASAD vs GENERAL MANAGER, N E RLY

CAT - ['Allahabad']JUDGMENT: September 28, 20262 MIN READSOURCE JUDGMENT
A non-material factual error may be corrected on review without reopening the merits.. R P PRASAD vs GENERAL MANAGER, N E RLY. CAT - ['Allahabad']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought review of the Tribunal’s order dated 10 September 2025 dismissing his Original Application.

Source reference: paras. 2, 4; pp. 1–2

He argued that the Railway Board’s letter dated 27 March 2015 could not govern a selection notified on 13 June 2013, and that earlier instructions concerning the “Best Amongst Failures” benefit applied.

Source reference: paras. 2, 4; pp. 1–2

He also asserted that the original order wrongly stated that he had retired, when he remained in service.

Source reference: paras. 2, 4; pp. 1–2

The respondents opposed review, contending that the application sought a reappraisal of issues already decided.

Source reference: para. 3; p. 2
02

Issues

Whether the applicant established a recognised ground for reviewing the order dated 10 September 2025, including an apparent error concerning the applicable Railway Board instructions.

Source reference: paras. 6, 9–12; pp. 3–4

Whether the statement in the original order that the applicant had retired, despite his continuing in service, warranted review or affected the substantive decision.

Source reference: paras. 13–14; p. 5
03

Law Applied

Review jurisdiction is limited and is not an appeal in disguise.

Source reference: para. 6; p. 3

It may be exercised for discovery of new and important matter or evidence unavailable despite due diligence, an error apparent on the face of the record, or an analogous sufficient ground; it cannot be used to obtain a rehearing or a different appraisal of material already considered.

Source reference: para. 6; p. 3

Relying on Tungabhadra Industries Ltd. v. Government of Andhra Pradesh, AIR 1964 SC 1372; Lily Thomas v. Union of India, (2000) 6 SCC 224; Inderchand Jain (Dead) through LRs. v. Motilal (Dead) through LRs., (2009) 4 SCC 665; and Kamlesh Verma v. Mayawati, (2013) 8 SCC 320, the Tribunal reiterated that disagreement with the decision, or the possibility of another view, is not by itself a ground for review.

Source reference: para. 7; p. 3
04

Reasoning

The Tribunal held that the arguments about the 2015 letter, the earlier instructions, and the “Best Amongst Failures” benefit required reconsideration of the interpretation and applicability of material already before it in the Original Application.

Source reference: paras. 9–11, 15; pp. 3–5

They therefore did not establish an apparent error or new evidence, and could not be revisited in review.

Source reference: paras. 9–11, 15; pp. 3–5

By contrast, the applicant’s continuing service was undisputed, making the original order’s statement that he had retired factually incorrect.

Source reference: paras. 13–14; p. 5

However, the applicant did not show that this mistake affected the adjudication of the substantive dispute, so it justified correction only—not recall or reconsideration of the order.

Source reference: paras. 13–14; p. 5
05

Holding

The Tribunal found no ground to review the substantive decision.

It disposed of the Review Application by deleting paragraph 13 of the order dated 10 September 2025, which stated that the applicant had retired; the remaining findings and conclusions were left undisturbed.

Source reference: paras. 17–18; pp. 5–6

Pending miscellaneous applications, if any, were also disposed of.

Source reference: paras. 17–18; pp. 5–6
CAT - ['Allahabad']

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R P PRASADvsGENERAL MANAGER, N E RLY

CAT - ['Allahabad'] · September 28, 2026

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