LAWS(CAL)-2024-7-13

SARVESH KUMAR Vs. UNION OF INDIA

Decided On July 22, 2024
SARVESH KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Appellants have assailed the judgement and order dated March 27, 2024 passed by the learned Single Judge in RVW 84 of 2024 filed in WPA 9428 of 2021.

(2.) By the impugned judgement and order the learned Single Judge has allowed the review petition and reversed its original decision dated February 12, 2024 passed in WPA 9428 of 2021. Initially, learned Single Judge had allowed the writ petition by its judgement and order dated February 12, 2024. On review, learned Single Judge has reversed its decision dated February 12, 2024 and dismissed the writ petition.

(3.) Learned senior advocate appearing for the appellants has submitted that, the appellants as writ petitioners prayed for fixation of their basic pay at par with other Junior Engineering Assistants-IV with effect from the respective dates of joining and consequential benefits, in the writ petition. He has referred to the prayers made in the writ petition. He has submitted that, such writ petition had been allowed by the judgement and order dated February 12, 2024. No new material or fact had been brought on record for a review to be sustained. He has referred to the review petition and contended that, only three documents were sought to be brought on record in the review petition. The affidavit in opposition filed in the main writ petition had alluded to such documents. Such documents had been in the control and custody of the review applicants. Review applicants did not produce those documents before the writ court at the hearing of the writ petition.