CAT - ['Delhi']
Civil Procedure and EvidenceSocial Security and Pensions

Review jurisdiction cannot reopen decided issues absent an error apparent on the record.

Virendra Kumar vs M/O COMMUNICATIONS

CAT - ['Delhi']JUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Review jurisdiction cannot reopen decided issues absent an error apparent on the record.. Virendra Kumar vs M/O COMMUNICATIONS. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1–6

They 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. 1–6

The Tribunal noted that the underlying issue was also pending before the Supreme Court in an SLP.

Source reference: para. 8
02

Issues

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. 7–10

Whether the applicants’ reliance on additional documents and legal authorities justified reconsideration of matters already decided in the original application.

Source reference: para. 7–10
03

Law 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. 9

As 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. 9
04

Reasoning

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. 7–8

The 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. 7–8

The 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. 8

Applying the limited review principles, it concluded that the application sought a rehearing rather than correction of an apparent error.

Source reference: para. 9–10
05

Holding

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. 10–12
CAT - ['Delhi']

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Virendra KumarvsM/O COMMUNICATIONS

CAT - ['Delhi'] · October 01, 2026

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