Gauhati High Court
The Union Of India And 7 Ors vs Manas Ranjan Mohapatra on 24 February, 2022
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GAHC010151972021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review Petition No.86 of 2021
1: THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF
RAILWAYS, RAIL BHAWAN, NEW DELHI-110001.
2: THE MEMBER ENGINEERING (ME)
RAILWAY BOARD 1 RAISINA ROAD NEW DELHI-110001.
3: THE DIRECTOR GENERAL RAILWAY HEALTH SERVICES RAILWAY
BOARD 1 RAISINA ROAD NEW DELHI-110001.
4: THE JOINT DIRECTOR (HEALTH) RAILWAY HEALTH SERVICES RAILWAY
BOARD 1 RAISINA ROAD NEW DELHI-110001.
5: THE GENERAL MANAGER
N.F. RAILWAY MALIGAON GUWAHATI-781011.
6: THE PRINCIPAL CHIEF ENGINEER
N.F. RAILWAY MALIGAON GUWAHATI-781011.
7: THE GENERAL MANAGER (P)
N.F. RAILWAY MALIGAON GUWAHATI-781011.
8: THE CHIEF MEDICAL DIRECTOR
N.F. RAILWAY MALIGAON GUWAHATI-781011
VERSUS
MANAS RANJAN MOHAPATRA
S/O- UMA CHARAN MOHAPATRA, R/O- QUARTER NO. 168/B, CENTRAL
GOTANAGAR, MALIGAON, GUWAHATI-781011, DIST.- KAMRUP(M), ASSAM
Advocate for the Petitioner : MRS. UMA CHAKRABORTY
Advocate for the Respondent :
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-BEFORE-
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 24-02-2022
Heard Ms. U. Chakraborty, learned Senior Advocate, appearing for
the review petitioners.
This Review Petition has been filed seeking review of the judgment
dated 16.08.2021 passed by this court in WP(C) No. 5561/2020. The writ
petition was filed by the Union of India which was aggrieved by an order
dated 06.03.2020 of the Central Administrative Tribunal, Guwahati Bench,
passed in an Original Application filed by the present private respondent.
The private respondent was a Group-C employee in the N.F.
Railway, who was being denied promotion to the next higher post, i.e.
Group-B which, according to the Tribunal was totally incorrect. The reason
assigned by the employer Railway authority for denying promotion to the
private respondent was that he has certain physical disabilities and,
moreover, if he is promoted to the next higher post he will remain in Group-
B post for twenty-eight years.
By the order dated 06.03.2020, passed in the Original Application,
the Tribunal had allowed the Original Application filed by the present
respondent and directed the Railway authority to reconsider the case of the
applicant for promotion to the next higher post within a period of three
months.
While considering the writ petition, this court found that the
reasons assigned by the Railway authority for denying promotion to the
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private respondent was incorrect and, accordingly, dismissed the writ
petition and directed the Railway authority to comply with the order passed
by the Tribunal.
Now the present Review Petition has been filed by the Railway
authority stating some grounds as contained in the letter dated 11.01.2021
issued by the Director of Health, Railway Board (Annexure-2 to the Review
Petition).
We have gone through the letter dated 11.01.2021 and we find
that the contents of the letter reiterates the same aspects which have
already been considered by the Tribunal as well as by this court.
This court has extremely limited jurisdiction in the matters of
review. Although the principles of the Code of Civil Procedure are applicable
in the matters of review, the principles are to be applied under the limited
jurisdiction as given under Order XLVII Rule 1 of the Code of Civil
Procedure. We do not find any error apparent on the face of the records
calling for our interference.
Accordingly, the Review Petition is dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
