PRAMOD KUMAR SAVITA Vs. UNION OF INDIA

JUDGEMENT

(1.) The review petitioners, who are the respondents in O.P. (CAT) Nos.176 and 190 of 2018 seek review of the judgment on the following grounds:-

(2.) The power of transfer falls within the expression 'conditions of service' which are post appointment terms and conditions.

(3.) Though the grounds are elaborate, crux of the contentions is that the judgment was rendered based on erroneous appreciation of the pleadings and wrong assumption with respect to the contentions. The Honourable Supreme Court in M/s. Thungabhadra Industries Limited v. The Government of Andra Pradesh [AIR 1964 SC 1372] has succinctly stated the distinction between a mere erroneous decision and a decision which could be characterised as vitiated by "error apparent". The relevant portion of the judgment reads as follows:-