Tribunal dismisses review application

Chandigarh, April 28

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has dismissed a review application filed against the order of the Tribunal dated March 21, 2023 through which retirement age of teachers of various government colleges has been enhanced from 58 to 65 years.

The administration has filed the review application under Section 22 (3) (f) of the Administrative Tribunals Act in Dr Brahm Parkash Yadav case. In the review application, the applicants have taken the ground that Joginder Pal’s case is contrary to the judgments passed by the Supreme Court of India in several cases and the Union Territory’s status does not merge with that of the Central Government as held by the Supreme Court.

The applicants further submitted that the colleges/institutes run by the Chandigarh Administration are directly under the control and management of the administration.

While referring to an extensive case law, the review applicants prayed that the review application be allowed and the order dated March 21.2023 be quashed.

After hearing the arguments, the Tribunal said in the garb of the present review application, the applicants were praying for rehearing of the original application by raising new grounds to challenge the action of the respondents that were not agitated at the time of the final hearing, which is not permissible.

The power of review available to this Tribunal is the same as has been given to a court under Section 114 read with Order 47 Rule 1 of the Civil Procedure Code.

The Tribunal said: “In view of this, we are, therefore, of the view that since no error apparent on the face of record has been pointed out or established, the present review application is misconceived and is liable to be dismissed”.