Point of Law: It can, therefore, be said that if the view adopted by the Court in the original judgment is a possible view having regard to what the record states, it cannot be said that there is an error apparent on the face of the record. The power of review is not to be exercised to substitute the earlier view and the mere possibility of two views on the subject disentitles the petitioner to seek review of the earlier view.

JUDGMENT :

Manish Choudhury, J.

Both these two review petitions have arisen out of a common judgment and order dated 24.02.2021 passed in two writ appeals, Writ Appeal no. 94/2020 and Writ Appeal no. 95/2020. While the Review Petition no. 49/2021 is preferred against the writ appeal, Writ Appeal no. 94/2020, the Review Petition no. 50/2021 is preferred against the other writ appeal, Writ Appeal no. 95/2020. By the common judgment and order dated 24.02.2021, both the writ appeals preferred by the review petitioner as the writ appellant, were dismissed. It may be mentioned that the writ appeal, Writ Appeal no. 94/2020 was preferred in connection with a writ petition, W.P.[C] no. 92/2020 whereas the other writ appeal, Writ Appeal no. 95/2020 was preferred against a writ petition, W.P.[C] no. 78/2020. Both the writ petitions –W.P.[C] no. 78/2020 and W.P.[C] no. 92/2020 – were preferred by the present review petitioner as the writ petitioner. The learned Single Bench by a common judgment and order dated 25.08.2020 finding no merits in the two writ petitions, dismissed the same.

2. For the purpose of recapitulation of the previous events, it may be stated that the writ petition, W.P.[C] no. 78/2020 was preferred challenging an order dated 26.06.2020 passed by the respondent no. 2 therein i.e. the Commissioner & Secretary to the Government of Nagaland, Department of Personnel and Administrative Reforms and the State Civil List of 2017 in respect of the review petitioner’s/writ appellant’s/writ petitioner’s date of entry into service and also for a direction to the State respondents to rectify her date of entry into Government service as 28.04.1994 instead of 22.08.1985. The second writ petition, W.P.[C] no. 92/2020 was preferred seeking setting aside of an order dated 30.06.2020 passed by the Chief Secretary to the Government of Nagaland whereby the review petitioner/writ appellant/writ petitioner was released from Government service w.e.f. 31.08.2020 on the ground that review petitioner/writ appellant/writ petitioner would superannuate on that date [31.08.2020] on completion of 35 years of service and also for a direction to rectify her date of entry into Government service as 28.04.1994 instead of 22.08.1985.

3. The factual background which, according to the review petitioner/writ appellant/writ petitioner [hereinafter referred to as ‘the review petitioner’, for easy reference], led the review petitioner to institute the two writ petitions can be recapped from the narration of the common judgment and order dated 24.02.2021 and the same can be exposited, in brief, as follows :-

3.1. The review petitioner was appointed as an Upper Division Assistant [UDA] in the Directorate of Social Security and Welfare, Government of Nagaland on 22.08.1985 on regular basis. When she was serving as an UDA under the Directorate of Social Security and Welfare, Government of Nagaland, she responded to an advertisement published by the Nagaland Public Service Commission [NPSC] for selection in the Nagaland Civil Service [NCS]. By a calling letter dated 18.05.1993, the review petitioner was informed that she was provisionally allowed to appear in the written test to be held from 15.06.1993 to 18.06.1993 and on being so called, the review petitioner appeared in the written test. The review petitioner qualified in the written test and she was called to appear in an oral interview on 16.02.1994. Accordingly, the review petitioner appeared in the oral interview. Thereafter, the results were declared by the NPSC and the review petitioner got selected for the post of Extra Assistant Commissioner [EAC] in the NCS. On 15.03.1994, the review petitioner submitted a letter to the Secretary to the Government of Nagaland, Personnel and Administrative Reforms Department [P&AR Department] conveying her acceptance to join in the post of EAC, NCS.

3.2. Subsequent to such submission of acceptance letter, the review petitioner submitted a resignation letter to the Director of So