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ARIJIT BANERJEE, APURBA SINHA RAY
Director of Local Bodies, Government of West Bengal – Appellant
Versus
Saktilal Choudhury – Respondent
| Table of Content |
|---|
| 1. background of the case (Para 1 , 2) |
| 2. retirement and pension claim (Para 3) |
| 3. writ petition and appeals (Para 4 , 5) |
| 4. division bench observations (Para 6 , 7 , 10 , 11) |
| 5. maintainability of review application (Para 8) |
| 6. arguments by senior counsel (Para 9) |
| 7. review application merits (Para 12 , 13 , 14 , 15 , 21 , 22) |
| 8. error apparent on the record (Para 16 , 17 , 18 , 19 , 20) |
| 9. dismissal of review application (Para 23 , 24) |
JUDGMENT :
ARIJIT BANERJEE, J.
1. This is an application for review of a judgment and order dated October 13, 2023, passed by this Bench, whereby an appeal being MAT 890 of 2022 was disposed of.
2. The brief background of this case is that the respondent no. 1/writ petitioner was temporarily appointed in the post of Resident Medical Officer (in short ‘RMO’) in Dum Dum Municipality by letter dated June 6, 1998, on probation, for a period of 6 months. He was placed in the scale of pay of Rs. 2200-4000/-. By a resolution dated December 29, 1998, the Municipality confirmed the writ petitioner’s service as RMO with effect from December 1, 1998, in the scale of pay which he was enjoying.
3. The writ petitioner retired from service upon superannuation
Review applications must demonstrate an error apparent on the record; mere dissatisfaction with a decision does not suffice.
The court affirmed that appointments made by municipalities under Section 53(4) of the West Bengal Municipal Act, 1993 do not require prior approval, thus entitling the appointed individual to pensio....
The court emphasized that the power of review is limited to correcting errors apparent on the record and cannot be used to revisit settled issues or arguments.
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
Review jurisdiction under CPC is limited to correcting errors apparent on the record; it cannot be used to reargue settled issues.
A review petition must show an apparent error on the record to succeed, as delay does not extinguish the right to continuing benefits like family pensions.
Termination of employment must adhere to principles of natural justice, and decisions affecting rights like pensions cannot be reversed without following due process.
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
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