Facts
The applicants sought review of the Tribunal’s judgment dated 2 July 2026 in O.A. No. 3048/2018, which had rejected their claim concerning an E9A replacement pay scale and consequential revision of pension or family pension.
Source reference: para. 1–6They argued that the Tribunal had not adequately considered, among other matters, the Cabinet decision, DoT communications, Rule 37-A of the CCS (Pension) Rules, 1972, and relevant policy documents. They also relied on authorities concerning approval by a competent authority, valid options, and legitimate expectation.
Source reference: para. 1–6The Tribunal noted that the underlying issue was also pending before the Supreme Court in an SLP.
Source reference: para. 8Issues
Whether the applicants had established an error apparent on the face of the record, or another sufficient ground, warranting review of the judgment dated 2 July 2026.
Source reference: para. 7–10Whether the applicants’ reliance on additional documents and legal authorities justified reconsideration of matters already decided in the original application.
Source reference: para. 7–10Law Applied
Under Order 47 Rule 1 of the Code of Civil Procedure, review is confined to grounds such as an error apparent on the face of the record or another legally sufficient basis; it is not an appeal in disguise and does not permit a rehearing or reargument of issues already decided.
Source reference: para. 9As summarised by the Supreme Court in Sanjay Kumar Agarwal v. State Tax Officer & Anr., Review Petition (Civil) No. 1620 of 2023 in Civil Appeal No. 1661 of 2020, decided 31 October 2023, an error requiring a process of reasoning is not ordinarily an apparent error, and a subsequent change in law or decision, by itself, is not a ground for review.
Source reference: para. 9Reasoning
The Tribunal found that the original judgment had already considered the applicants’ claims regarding the E9A replacement scale, Rule 37-A, the Government’s pension liability, and the policy decisions concerning revised pay scales.
Source reference: para. 7–8The further documents and authorities were, in substance, relied upon to seek a different appreciation of the material and a reconsideration of the merits; they did not disclose a patent error in the judgment.
Source reference: para. 7–8The Tribunal also declined to pre-judge an issue pending before the Supreme Court, observing that the applicants could advance their points in those proceedings.
Source reference: para. 8Applying the limited review principles, it concluded that the application sought a rehearing rather than correction of an apparent error.
Source reference: para. 9–10Holding
The Tribunal held that no error apparent on the face of the record or other sufficient ground for review had been established.
It dismissed R.A. No. 94/2026, disposed of any pending miscellaneous applications, and made no order as to costs.
Source reference: para. 10–12Original Court PDF
Virendra KumarvsM/O COMMUNICATIONS
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