LAWS(ALL)-2014-3-374

MANOJ MISHRA Vs. UNION OF INDIA

Decided On March 21, 2014
MANOJ MISHRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS review petition has been filed contending that the respondent - Indian Oil Corporation while filing its affidavit had concealed certain facts that has resulted in an erroneous judgment, particularly, the brochure of 2007 in relation to the award of L.P.G. Distributorship that is being claimed by the petitioner under the category of Government Personnel.

(2.) SRI Gautam Kumar Upadhyay, learned counsel for the applicant has urged that this incorrect reflection of facts has resulted in the consideration of a wrong classification as projected by the respondent - corporation in its brochure of 2011 and had the brochure of 2007 been taken into account, the court would have arrived at a difference conclusion. He submits that the categorisation, which has been referred in the judgment dated 19.7.2013, does not take into account the disabilities that have been fixed for being treated as interse priority under the Government Personal (PMP) category.

(3.) HE has invited the attention of the Court to Clause (e) of Clause 5 of the 2007 brochure to contend that if it is read with Clause 7.2 (c), Government and Public Sector Personnel, the same would leave no room for doubt that the priorities would fall in favour of the petitioner, and as such an incorrect approach of classification by the respondent - corporation has resulted in an incorrect decision which deserves to be reviewed.