ANDHRA PRADESH HIGH COURT AT AMARAVATI
K.Manmadha Rao, J.
R. Krishnappa – Appellant
Versus
Vice-chairman And Managing Director – Respondent
Review I.A.Nos. 1 of 2022 In W.P. No. 34182 of 2012, Reviewi.A. No. 1 of 2021 In W.P. No. 33850 of 2012 and Reviewi.A. No. 1 of 2021 In W.P. No. 36598 of 2012
Decided On : 16-08-2022
REVIEW - CPC SECTION 114 - REVIEW I.A.NO.1 OF 2022 IN W.P.NO.34182 OF 2012, REVIEW I.A.NO.1 OF 2021 IN W.P.NO.33850 OF 2012 AND REVIEW I.A.NO.1 OF 2021 IN W.P.NO.36598 OF 2012 - SCOPE OF REVIEW UNDER SECTION 114 OF CPC - ERRORS APPARENT ON THE FACE OF THE RECORD - LIMITATION PERIOD FOR FILING REVIEW APPLICATIONS - POWER OF REVIEW NOT AN INHERENT POWER - REVIEW NOT AN APPEAL IN DISGUISE.
Fact of the Case:
Petitioners aggrieved by the non-consideration of their case for selection to the post of Shramik by adding 30 marks in the selection process made pursuant to the notification dtd. 1/1/2010 while awarding to the similarly situated persons, filed writ petitions. The court directed the petitioners to approach the Regional Manager concerned of the Andhra Pradesh State Road Transport Corporation and produce a photo copy of the Provisional National Trade Certificate possessed by them for consideration of their selection as Shramiks. The Regional Manager filed interlocutory applications to review the court's orders.
Finding of the Court:
The court held that there was no apparent error on the face of the orders passed by it earlier. The court observed that the orders were passed in the presence of the learned Standing Counsel and the writ petitions were filed in the year 2012 and disposed of in the year 2019 giving opportunity to the petitioners/respondents. The court further noted that the review applications were filed after more than 2 1/2 years of the disposal of the writ petitions.
Issues: 1. Whether the orders passed by the court earlier suffered from any apparent error on the face of the record? 2. Whether the review applications were filed within the limitation period?
Ratio Decidendi: 1. The court held that the orders passed by it earlier did not suffer from any apparent error on the face of the record. The court observed that the orders were passed in the presence of the learned Standing Counsel and the writ petitions were filed in the year 2012 and disposed of in the year 2019 giving opportunity to the petitioners/respondents. 2. The court held that the review applications were not filed within the limitation period of 30 days as prescribed under Section 114 of CPC.
Final Decision: The court dismissed the review applications.
JUDGMENT
1. Review I.A.No.1 of 2022 is filed to review the order dtd. 1/11/2019 passed in W P No.34182 of 2012; Review I.A.No.1 of 2021 is filed to review the order dtd. 22/10/2019 passed by this Court in W.P.No.33850 of 2012 and Review I.A.No.1 of 2021 is filed to review the order dtd. 22/10/2019 passed by this Court in W.P.No.36598 of 2012.
2. As the issue involved in these Review petitions is one and the same, these matters are being taken up together for disposal by way of this Common Order.
3. As the facts in these Review petitions are similar and identical, therefore Review I.A.No.1 of 2022 in W.P.No.34182 of 2012 is taken up as a lead case, and the facts therein are referred to hereunder for convenience.
4. The grievance of the petitioners in all these writ petitions is that the action of the respondents in not considering their case for selection to the post of Shramik by adding 30 marks in the selection process made pursuant to the notification dtd. 1/1/2010 while awarding to the similarly situated persons is illegal and arbitrary.
5. Having heard the submissions of both the learned counsels, this Court, directed the petitioners to approach the Regional Manager concerned of the Andhra Pradesh State Road Transport Corporation and produce a photo copy of the Provisional National Trade Certificate possessed by them and upon such production, the Regional Manager concerned shall take the same into account for adding appropriate marks for selection purpose and pass appropriate orders about their selection or otherwise as Shramiks and communicate the same to the petitioners within two weeks from the date of production of Provisional National Trade Certificate.
6. In pursuance of the above order, the Regional Manager, APSRTC has filed the above Interlocutory Applications to review the orders of this Court. This Court vide order dtd. 31/3/2022 while granting interim stay, issued notice to the respondents by RPAD.
7. Heard Mr. Kasa Jagan Mohan Reddy, learned Special Government Pleader and Mr. N. Srihari, learned Standing Counsel for APSRTC appearing for the petitioners/respondents and Mr. S.M. Subhan, learned counsel appearing for the respondents/petitioners.
8. Learned Standing Counsel argued that the orders may be reviewed as there are certain errors apparent on the face of the record. He argued that in similar matter in W.P.No.35237 of 2012 this Court granted interim order dtd. 28/11/2012 directed the APSRTC to consider the case of the petitioners in the light of the Circular dtd. 21/10/2010. though a petition has been filed by the APSRTC to vacate the above order, it is specifically stated in the counter filed in support thereof that the case of the petitioners was considered pursuant to the above interim order and proceedings dtd. 26/12/2012 were issued. As per the said proceedings issued by the Regional Manager, APSRTC, Anantapur, the case of the petitioners would be considered on par with other candidates who applied pursuant to the notification issued in the year 2011. The said writ petition was closed leaving it open to the petitioners to pursue alternative remedies, if warranted, as regards the subsequent proceedings in accordance with law. He further argued that this Court ought to have seen that in WPNo.39000 of 2012 in WP No.9186 of 2011, it is categorically stated that this clarification shall not result in reopening the selections which were already made in 2010, and for 2011 vacancies. He further argued that the Court ought to have seen that the orders of this Court in WPMP No.46461 of 2012 in the matter, the case of the petitioners were considered as per the guidelines vide relevant Circular PD-55/2010 dtd. 21/10/2010 and the petitioners herein were informed vide Regional Manager, Ananatapur proceedings dtd. 26/12/2012, therefore ought not to have disposed of directing the Regional Manger concerned shall take "Provisional National Trade Certificate" into account for adding appropriate marks for selection purpose, and p
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