CAT - ['Delhi']
Employment and Labour LawAdministrative and Public Law

Review jurisdiction cannot enlarge consequential service benefits absent an apparent error.

DR ASHU GOYAL vs GNCTD

CAT - ['Delhi']JUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Review jurisdiction cannot enlarge consequential service benefits absent an apparent error.. DR ASHU GOYAL vs GNCTD. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought review or modification of paragraph 8.2 of the Tribunal’s order dated 30 July 2026 in O.A. No. 3736/2023.

Source reference: para. 1–2

That paragraph granted seniority and increments for retiral benefits only.

Source reference: para. 1–2

The applicant did not challenge the substantive direction in paragraph 8.1, but sought notional pay fixation and the consequential effect of increments during active service, without claiming arrears or back wages.

Source reference: para. 1–2
02

Issues

1. Whether the applicant established a ground for review of paragraph 8.2, including an error apparent on the face of the record, discovery of new and important matter, or other sufficient reason.

Source reference: para. 3

2. Whether the requested notional pay fixation and consequential service benefits could be granted in review without impermissibly reconsidering or enlarging the relief previously granted.

Source reference: paras. 2, 4–5
03

Law Applied

Review jurisdiction is limited and cannot be used as appellate jurisdiction to re-examine the merits or substitute another view merely because a party seeks different consequential relief. Review requires an error apparent on the face of the record, discovery of new and important matter, or another sufficient reason.

Source reference: para. 3

A different interpretation of the principles governing consequential service benefits does not, by itself, justify reopening the matter in review.

Source reference: para. 5
04

Reasoning

The Tribunal treated the request to remove the limitation “for the purpose of retiral benefits only” and to obtain notional pay fixation as a request to enlarge the relief consciously granted in the original order.

Source reference: paras. 2, 4

The applicant identified no apparent error, new matter, or other sufficient reason warranting review.

Source reference: para. 3

Nor did the cited judgments, including Gaurav Kumar v. High Court of Delhi through its Registrar General & Ors., disclose an error apparent in the order under review; the Tribunal held that an alternative interpretation of consequential benefits could not reopen the issue in review.

Source reference: para. 5
05

Holding

The Tribunal held that no ground for review was made out and dismissed the Review Application.

Pending miscellaneous applications, if any, were disposed of, with no order as to costs.

Source reference: paras. 7–8
CAT - ['Delhi']

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DR ASHU GOYALvsGNCTD

CAT - ['Delhi'] · September 30, 2026

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