Facts
The applicants filed a Review Application seeking to set aside the Tribunal’s judgment dated 05.02.2025, which dismissed their claim for compassionate appointment
Source reference: para. 1-2The applicants sought appointment under SRO-43 of 1994 following the death of the first applicant’s father (a daily-rated Truck Cleaner) in 1994
Source reference: para. 3The Original Application (OA) was dismissed on the grounds of inordinate delay and the deceased's failure to meet the eligibility criteria for regularization
Source reference: para. 3The applicants contended that the Tribunal overlooked departmental communications suggesting the deceased had completed seven years of service and failed to properly appreciate material facts and subsequent Supreme Court rulings
Source reference: para. 4Issues
Whether there exists an error apparent on the face of the record or any other sufficient reason under the limited scope of review jurisdiction to warrant setting aside the judgment dated 05.02.2025.
Source reference: para. 2, 6Law Applied
Section 22(3)(f) of the Administrative Tribunals Act, 1985, read with the principles of Order XLVII Rule 1 of the Code of Civil Procedure (CPC), which limits review to the discovery of new evidence, a mistake or error apparent on the face of the record, or analogous sufficient reasons
Source reference: para. 6State of West Bengal v. Kamal Sengupta (2008) 8 SCC 612, establishing that review power cannot be exercised to re-appreciate evidence or because another view is possible, as a review is not an "appeal in disguise"
Source reference: para. 7Reasoning
The Tribunal observed that the applicants’ submissions amounted to an attempt to re-argue the case on its merits rather than pointing out a patent error
Source reference: para. 8It noted that the core issues—specifically the delay in seeking appointment and the deceased's eligibility—had been thoroughly examined in the original judgment
Source reference: para. 8The Tribunal reasoned that an error requiring elaborate arguments or re-appreciation of evidence does not constitute an "error apparent on the face of record"
Source reference: para. 9Regarding the delay, the Tribunal reiterated that compassionate appointment is intended to provide immediate relief to a bereaved family and cannot be claimed as a vested right several decades after the employee's death
Source reference: para. 10Furthermore, it held that subsequent judgments regarding the regularization of temporary employees were irrelevant, as the primary issue was the extraordinary lapse of time in seeking compassionate appointment
Source reference: para. 11Finally, the Tribunal found that no new evidence was produced, as all referred documents were already part of the original pleadings
Source reference: para. 12Holding
The Tribunal held that no grounds for review were established as the judgment dated 05.02.2025 suffered from no apparent error or discovery of new material evidence
Consequently, the Tribunal dismissed Review Application No. 03/2025 for being devoid of merit
Source reference: para. 14No order as to costs was made
Source reference: para. 14Original Court PDF
Sahil JasrotiavsPUBLIC WORK DEPARTMENT (R&B)
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