Rajasthan High Court - Jodhpur
The Union Of India vs Jai Singh Sankhla on 3 December, 2021
Bench: Dinesh Mehta, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Review Petition (Writ) No. 149/2019
1. The Union Of India, Through The General Manager, North
Western Railway, Jaipur.
2. The Divisional Railway Manager, North Western Railway,
Jodhpur.
3. Chief Medical Superintendent, North Western Railway,
Jodhpur.
----Petitioners
Versus
Jai Singh Sankhla S/o Late Shri Jawahar Singh Sankhla, R/o
Maliyon Ka Mohalla Merta Road, District Nagour, Retired Mail
Driver, North Western Railway, Jodhpur.
----Respondent
For Petitioner(s) : Mr. Kamal Kishore Dave
For Respondent(s) : Mr. Dhirendra Pandey
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
03/12/2021
1. The present review petition has been filed seeking review of
the order dated 09.04.2019 passed by Division Bench of this Court
in case of Union of India & Ors Vs. Jai Singh Sankhla (DB Civil
Writ No.3565/2019).
2. Mr. Dave, learned counsel for the petitioners - Railways
submits that the CGHS scheme is not applicable on Railways and
Railways have simply adopted the rates prescribed under CGHS
(2 of 3) [WRW-149/2019]
scheme and the order passed by this Court, therefore needs to be
reviewed.
3. Upon perusal of the judgment under consideration,
particularly, the part quoted hereinbelow shows that CGHS is not
applicable upon the respondent, has never been the stand of the
petitioners - Railways and on the contrary it was an admitted case
that the CGHS scheme is applicable.
4. The relevant part of the judgment aforesaid reads thus :-
"There is no dispute as far as entitlement of the
respondent under the CGHS is concerned. The
contentious issue is, as to whether the respondent is
entitled for full reimbursement of his claim or partial
amount as per the rates prescribed by the
petitioners/CGHS or not."
5. That apart, even in the writ petition, which the petitioners -
Railways have filed against the order of the Central Administrative
Tribunal, the Railways have never taken this stand that CGHS
scheme is not applicable.
6. Mr. Dave has tried to point out from Ground No.- (E) of the
memo of writ petition that the Railways had taken a stand that
CGHS scheme is not applicable.
7. Upon perusal of the Ground No.-(E) of the writ petition also,
this Court hardly finds any assertion that such scheme is not
applicable.
8. It is therefore clear that the petitioners are trying to set-up
an entirely new case.
9. There is no apparent error in the order dated 09.04.2019
passed by this Court. Review petition therefore fails.
(3 of 3) [WRW-149/2019]
10. All interlocutory application(s) including application under
Section 5 of the Limitation Act stand disposed of accordingly.
(RAMESHWAR VYAS),J (DINESH MEHTA),J
6-Amar/-
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