REVIEW of CAT's order
Querist :
Anonymous
(Querist) 09 April 2011
This query is : Resolved
Sir
A case was dismissed on theground of DELAY in CAT for claiming Compassionate Allowance in October 2010against the order of Govtt order dated 8.11.2008, though the employee was removed(w/o any order for Comp.Allowance) from service in 1995.
Surprisingly CAT allowed one day earlier by the same Bench a case of similarly situated case of removal from service case of 1989 even did not raise point of limitation.In both the cases claimants are asking Compassionate Allowance and NOT reinstatmenta
in service eithe from 1989 /1995.The rule of 2008 is little bit liberal that the Disciplinary Authority has to indicate for 2/3rd compassionate Allowance if delinquent was not dishonest and his service records as well as DA files are available with the Deptt.
My query is whether tha CAT may consider REVIEW or not , more grounds pl.
Kirti Kar Tripathi
(Expert) 09 April 2011
Review on merit is permissible only when statue provide. There is no provision of review in Administrative tribunal Act to review on merits. Nor you can claim parity with other order passed by the tribunal. It might be possible, in earlier petition, the issue of limitation was not raised. If you are aggrieved, you can challenge the judgment by filing writ petition in High court.
Querist :
Anonymous
(Querist) 10 April 2011
Excuse me Sir,
Kindly refer chapter IX of Admn Tribunal Act1985 Rules of Practice 1993 No.49, provision of Review is very much there.
And also peruseAPPENDIX IV No.13/19/91-JA dt 18.2.1992, there is a notification.
So there is NO REVIEW in CAT's order is NOT correct.
Both the case were heard on admission hearing and earlier case was in favour and casr heard on next date was subjected for limitation& was dismissed by the SAME bench.Hence there was query for REVIEW and further GROUNDS if opined by Ld legal Luminaries. Thanks.
