ASHWANI KUMAR SHARMA Vs. SECRETARY (R) CABINET SECTT.

JUDGEMENT

(1.) BY this Review Application, the Applicant is seeking a review of the order of this Tribunal dated 16.01.2014 in OA No. 140/2014. The operative part of the said order reads as under: - -

(2.) ACCORDING to the learned counsel for the Applicant Shri A.K. Ojha, there was no delay in filing the OA, as held by this Tribunal but if at all there was delay, it was condonable. He has further stated that even though he has argued so while hearing the OA, he could not produce any relevant judgments. Now he has produced the judgment of the Apex Court in the case of K.C. Sharma and Others v. Union of India and Others : 1997 (6) SCC 721. The petitioners therein were retired Guards of the Northern Railway and they were aggrieved by the Notification dated 05.12.1988 whereby Rule 2544 of the Indian Railway Establishment Code was amended and for the purpose of calculation of average emoluments, the maximum limit in respect of Running Allowances was reduced from 75% to 45% for the period from 01.01.1973 to 31.03.1979 and to 55% for the period from 01.04.1979 onwards. This Tribunal dismissed their petition on the ground of limitation without condoning the delay for which a separate application was filed. However, the Apex Court held that this Tribunal should have condoned the delay in the filing of the Original Application and the appellants should have been given relief in the same terms as was granted by the Full Bench of this Tribunal to other similarly placed persons.

(3.) RESPONDENTS have filed their reply stating that by this Review Application the Applicant is only making an attempt to re -argue the matter which is not permissible in law. They have relied upon the judgment of the Apex Court in the case of Haridas Das v. Smt. Usha Rani Banik & Others : 2006 (4) SCC 78 wherein it has been held as under: - -