UNION OF INDIA Vs. B. AMBILI

JUDGEMENT

(1.) This review petition has been filed by the petitioners in O.P. (CAT) No. 262/2016 after virtually losing the case filed by them before the Supreme Court as the SLP was declined to be entertained as per Anexure-A-1 order dated 17.2.2017, however, without prejudice to the right of the petitioners who moved the Apex Court, to file a review petition before this Court making it clear that if any such review petition is filed within two weeks, limitation will not come in the way of the High Court in considering the merit. The question is whether there is any merit to invoke the power of this Court in exercise of the review.

(2.) Heard Sri Dinesh R. Shenoy, the learned Standing Counsel for the review petitioners as well as Sri T.C. Govindaswamy, the learned counsel for the respondent.

(3.) The learned counsel for the review petitioners submits that this Court has not taken note of the mandate in Ext. P-5 OM bearing No. 20020/4/2010-ESTT(D) dated 13.9.2012 while declining interference with the order passed by the Tribunal. As per the said O.M., for deciding the issue of seniority pursuant to acceptance of recommendations of 6th CPC on 29.8.2008 causing merger of the pay scales with effect from 1.1.2006, the following norms have been prescribed.