Case Note & Summary
The present application was filed by the applicants, who were original respondents in Letters Patent Appeal No. 523 of 2014, seeking review of the CAV judgment dated 14.06.2024. The original petitioner (opponent) had filed a writ petition claiming entitlement to First Higher Grade Pay-scale of Rs.4000-6000/- from 11.04.2000 on completion of nine years as Junior Clerk, and Second Higher Grade Pay-scale from 11.04.2009, under Government Resolution dated 16.08.1994. The writ petition was dismissed on 26.02.2014, and the Letters Patent Appeal was also dismissed on 14.06.2024. The applicants, being the State authorities, sought review of the appellate judgment. The court heard learned Assistant Government Pleader Ms. Nirali Sarda for the applicants and learned advocate Mr. K.B. Pujara for the opponent. The court examined the grounds raised and found that the applicants merely reargued the case on merits, which is not permissible in review jurisdiction. The court held that no error apparent on the face of the record was demonstrated, and the review application was devoid of merits. Consequently, the application was dismissed, and the rule was discharged.
Headnote
A) Civil Procedure - Review Jurisdiction - Error Apparent on Face of Record - Order 47 Rule 1 of the Code of Civil Procedure, 1908 - The applicants sought review of a judgment dismissing their appeal against denial of higher grade pay-scale - The court held that review is not an appeal in disguise and must be confined to errors apparent on the face of the record - The applicants failed to demonstrate any such error - Held that the review application was devoid of merits and dismissed (Paras 6-8).
Issue of Consideration
Whether the CAV judgment dated 14.06.2024 in Letters Patent Appeal No. 523 of 2014 suffers from any error apparent on the face of the record warranting review under Order 47 Rule 1 of the Code of Civil Procedure, 1908.
Final Decision
The review application is dismissed. Rule is discharged.
Law Points
- Review jurisdiction
- Error apparent on the face of record
- Higher grade pay-scale
- Government Resolution dated 16.08.1994
- Completion of nine years service
Case Details
R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2733 of 2025 in R/LETTERS PATENT APPEAL/523/2014 in R/SPECIAL CIVIL APPLICATION/18952/2011
Bhargav D. Karia, Pranav Trivedi
Ms. Nirali Sarda (Assistant Government Pleader) for applicants, Mr. K.B. Pujara for opponent
Pay and Accounts Officers & Ors.
M D Parmar Junior Clerk, Gujarat Secondary Education Tribunal
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Nature of Litigation
Review application against dismissal of Letters Patent Appeal in a service matter concerning higher grade pay-scale.
Remedy Sought
Review of CAV judgment dated 14.06.2024 in Letters Patent Appeal No. 523 of 2014.
Filing Reason
Applicants alleged error apparent on the face of the record in the appellate judgment.
Previous Decisions
Writ petition (Special Civil Application No. 18952 of 2011) dismissed on 26.02.2014; Letters Patent Appeal No. 523 of 2014 dismissed on 14.06.2024.
Issues
Whether the judgment dated 14.06.2024 suffers from any error apparent on the face of the record warranting review.
Submissions/Arguments
Applicants argued that the appellate judgment contained errors apparent on the record.
Opponent contended that the review application was without merit and sought to reargue the case.
Ratio Decidendi
Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the face of the record and cannot be used as an appeal in disguise. The applicants failed to demonstrate any such error.
Judgment Excerpts
Heard learned Assistant Government Pleader Ms. Nirali Sarda appearing for the applicants and learned advocate Mr. K.B. Pujara for the opponent.
The present application is preferred by the applicants – original respondents no. 1 to 4 in the captioned Letters Patent Appeal for seeking review of the CAV judgment dated 14.06.2024 passed in Letters Patent Appeal No. 523 of 2014.
Procedural History
Original petitioner filed Special Civil Application No. 18952 of 2011 seeking higher grade pay-scale, which was dismissed on 26.02.2014. The petitioner then filed Letters Patent Appeal No. 523 of 2014, which was dismissed on 14.06.2024. The respondents (State authorities) filed the present review application on 06.02.2026.
Acts & Sections
- Code of Civil Procedure, 1908: Order 47 Rule 1
