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2023 Supreme(Del) 129

IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Ravi Kant Sinha - Appellant
Versus
Jawaharlal Nehru University - Respondent
LPA No.405 Of 2021
Decided On : 23-01-2023

Advocates Appeared:
For the Appellant : Mr. Santosh Kumar Pandey.
For the Respondent: Ms. Ginny J. Rautray with Mr. Navdeep Singh and Ms. Tanvi Bansal.

Headnote:

Constitution of India, 1949 – Article 226 – Civil Procedure Code, 1908 – Section 114 – Order 47, Rule 1 – Power of High Court to issue certain writs – Review – Petition is arising out of Judgment brief facts relevant for adjudication of this instant Review are that Review Petitioner had approached this Court by filing wherein he prayed for this Court to issue a writ of mandamus to Respondent to give effect to an ad hoc promotion along with other consequential benefits including arrears of salary higher grade pay – Held, Court could not find a single reason in whole judgment as to how review was justified and for what reasons – No apparent error on face of record was pointed, nor was it discussed – Court considering an application for review tribunal must confine its adjudication with reference to material which was available at time of initial decision happening of some subsequent event or development cannot be taken note of for declaring initial order/decision as vitiated by an error apparent – Order Accordingly.

JUDGMENT :

[Satish Chandra Sharma, J.]

Review Petition No.214 Of 2022

1. The present review petition is arising out of Judgment dated 02.08.2022 passed in LPA 405/2021, Ravi Kant Sinha v. Jawaharlal Nehru University. The brief facts relevant for adjudication of this instant Review are that the Review Petitioner had approached this Court by filing W.P. (C) 8516/2021 wherein he prayed for this Court to issue a writ of mandamus to the Respondent to give effect to an ad hoc promotion from 05.06.2018 along with other consequential benefits, including arrears of salary, higher grade pay, etc.

2. The aforestated Writ Petition was disposed of by a Judgment dated 17.08.2021 of a learned Single Judge, against which an LPA was preferred. The LPA has also been dismissed.

3. The facts of the case further reveal that the concerned Writ Petition was the third Writ Petition preferred by the Petitioner. The first Writ Petition preferred by the Petitioner was numbered as W.P.(C) No. 13715/2018, the second one preferred was W.P.(C) 1018/2019 and the third Writ Petition out of which the instant proceedings have arisen, was numbered as W.P.(C.) No. 8516/2021.

4. This Court after taking into consideration all the aspects has upheld the Judgment delivered by the learned Single Judge. Paragraphs 14 to 19 of the judgment dated 02.08.2022 read as under:

    14. The Respondent, keeping in view the urgency of service as Post of Deputy Registrar were lying vacant, have filled up the post of Deputy Registrars by posting persons on Deputation and the posts – which were filled up by posting persons on deputation, were, in fact, the posts where the post holder had to leave the University to work elsewhere on Deputation. Meaning thereby, certain other persons were holding lien against those posts, and, therefore, it not a case where a regular vacancy which was available in the University has been filled up by posting persons on Deputation to the post of Deputy Registrar.

15. So far as the posts of Deputy Registrar in the University are concerned, there are 11 posts of Deputy Registrar. There are 6 Deputy Registrar in the University, out of which 3 are on Deputation, and 1 on lien. Meaning thereby, 5 posts of Deputy Registrar are vacant, and 2 were to be filled up by direct recruitment, and 3 by way of promotion.

16. The record of the case reveals that the process of filling up the post of Direct Recruitment is under process, and the petitioner, the moment he completed the eligibility criteria, has been granted promotion on Ad-hoc post with effect from year 2021.

17. Undisputedly, the Petitioner was also granted regular promotion just after 20 days of Ad-hoc Promotion, as he was fulfilling the eligibility criteria, and, therefore, keeping in view the earlier order passed by this Court, the Learned Single Judge were justified in dismissing the Writ Petition.

18. The Petitioner in the earlier round of litigation i.e. by filing W.P.(C.) No. 1675/2018 and 1018/2019 had challenged the appointment made to the Deputy Registrar by way of Deputation, and was claiming appointment with effect from 2018 to the post of Deputy Registrar. No relief was granted to the Petitioner for granting him Ad-hoc promotion with effect from 2018, and third Petition was a repetitive attempt on the part of the Petitioner for claiming the reliefs which were not granted in the earlier two rounds of litigation.

19. In view of the above, this Court does not find any reason to interfere with the order passed by the learned Single Judge, and, therefore, the present LPA stands dismissed.”

5. Learned Counsel for the Review Petitioner, at the outset, has argued before this Court that the Judgment is erroneous, and the LPA should be listed for appropriate adjudication afresh. In the opinion of this Court, on a perusal of the submissions, documents on record, pleadings and the Judgement of this Court dated 02.08.2022 which is under review vide this instant Review Petition, Learned Counsel has not been able

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