Case Note & Summary
The Union of India, through the Ministry of Railways, filed a review application under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking review of an order dated 03.01.2018 passed in WP No.27272 of 2011 by the Madras High Court. The writ petition had been filed by five employees (A. Shaik Dawood, M. Mohammed Ibrahim, T.S. Balarajan, K. Rajendran, and S. Oliver Kamalakaran) against the Union of India and railway authorities, concerning selection and seniority for the post of Loco Pilot (Passenger) Grade 1. The review petitioner contended that the selection process for Loco Pilot (Passenger) Grade 1 had been cancelled by the Divisional Office vide proceedings dated 19.10.2009, and subsequently a fresh selection was notified, in which the respondent employees participated and were promoted. It was argued that this fact was placed before the Central Administrative Tribunal and the writ court but was not taken into consideration, resulting in an error apparent on the face of the record. The respondents argued that the case also involved fixation of seniority, which had not been done in accordance with the rules. The court, after hearing both sides, found that the cancellation of the selection process dated 19.10.2009 was a vital fact that had an impact on the issues and was not considered by the writ court, constituting an error apparent. Accordingly, the court allowed the review application and directed that the writ petition be restored to the file for fresh disposal, with the liberty to the review petitioner to file an additional affidavit and for the respondents to file a counter. The court also directed that the writ petition be listed before the appropriate bench for hearing.
Headnote
A) Civil Procedure - Review - Error Apparent on the Face of the Record - Order XLVII Rule 1, Section 114 of the Code of Civil Procedure, 1908 - The review petitioner, Union of India, sought review of a writ order dated 03.01.2018 on the ground that the cancellation of the selection process for Loco Pilot (Passenger) Grade 1 vide proceedings dated 19.10.2009 was not considered by the writ court despite being placed before it. The court held that the non-consideration of this vital fact constituted an error apparent on the face of the record, warranting review. (Paras 2-5)
Issue of Consideration
Whether the non-consideration of the cancellation of the selection process dated 19.10.2009 by the writ court constitutes an error apparent on the face of the record warranting review of the order dated 03.01.2018 in WP No.27272 of 2011.
Final Decision
The review application is allowed. The order dated 03.01.2018 in WP No.27272 of 2011 is set aside. The writ petition is restored to the file for fresh disposal. The review petitioner is at liberty to file an additional affidavit, and the respondents may file a counter. The writ petition shall be listed before the appropriate bench for hearing.
Law Points
- Review jurisdiction
- error apparent on the face of the record
- cancellation of selection process
- seniority fixation
