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. 1–2That paragraph granted seniority and increments for retiral benefits only.
Source reference: para. 1–2The 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. 1–2Issues
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. 32. 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, 4–5Law 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. 3A different interpretation of the principles governing consequential service benefits does not, by itself, justify reopening the matter in review.
Source reference: para. 5Reasoning
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, 4The applicant identified no apparent error, new matter, or other sufficient reason warranting review.
Source reference: para. 3Nor 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. 5Holding
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. 7–8Original Court PDF
DR ASHU GOYALvsGNCTD
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