Point of Law: merely because another reasonable view may be possible, is no ground for this Court sitting in judicial review and judicial superintendence to upturn the impugned verdict of the Tribunal which is a court of first instance to exercise the powers under Article 226 of the Constitution of India as envisaged in Article 323A of the Constitution of India r/w the provisions contained under the Administrative Tribunals Act, 1985.

JUDGMENT :

Alexander Thomas, J.

Being aggrieved by impugned Ext.P3 final order dated 16.9.2020 as affirmed in the impugned Ext.P5 final order dated 27.11.2020 in Review Application No.8/2020 arising out of OA No.594/2020 rendered by the said Tribunal, the original applicant therein has approached this Court by filing the instant original petition under Articles 226 and 227 of the Constitution of India with the following reliefs: (see 15 of the paper book of this OP)

"(1) Call for the records leading to the issue of Ext.P3 and P5 and set aside Ext.P3 and P5.

(2) Direct the respondents 2 to 4 to ensure that the review Departmental Promotion Committee considers filling up of all the 3 vacancies in the category of Port Assistant Grade B/Signaller strictly in terms of the Recruitment Rules which provides for a "failing which" Clause for filling up the post of Port Assistant grade B/Signaller from among Multi Skilled Employee (Technical) in Grade pay of Rs.1800/-with 10 years' service and requisite educational qualification.

(3) Direct the respondents to give effect to Annexure A1 in Ext.P1 in respect of the petitioners' promotion as Port Assistant Grade B/Signaller.

4. Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice."

2. Heard Sri. Vishnu S.Chempazhanthiyil, learned Counsel appearing for the petitioners in the OP/ contesting respondents R4 and R5 in the OA, Sri.T.C. Govindaswamy, learned Counsel appearing for R1 in the OP/sole applicant in the OA before the Tribunal and Sri.S.Manu, learned Senior Central Government Standing Counsel for Union Territory of Lakshadweep Administration appearing for official respondents 2 to 4 in the OP/R1 to R3 in the OA.

3. R1 herein (original applicant) has filed the instant Ext.P1, OA No.594/2019 before the Central Administrative Tribunal, Ernakulam Bench with the following prayers (see Page No.25 of this OP)

"(a) Call for the records leading to the issue of Annexure A1, and quash the same to the extent it relates to respondents 4 and 5.

(b) Direct the respondents to consider the applicant by convening a review DPC for promotion as Port Assistant Grade-B/Signaller, and direct further to promote the applicant as Port Assistant Grade B/Signaller with effect from the date of Annexure-A1 with all consequential benefits arising therefrom;

(c) Award costs of and incidental to this Application.

(d) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case;"

4. The Tribunal after hearing both sides has rendered Ext.P3 final order dated 16.9.2020 allowing the main pleas of the said OA, whereby it was ordered that the impugned Annexure A1 order of promotion granted in favour of contesting respondents 4 and 5 in the OA/petitioners in the present OP is set aside and the official respondents in the OA have been directed to conduct a review DPC and consider the name of the original applicant for promotion in the light of the findings made by the Tribunal in the said verdict within three months etc. The contesting respondents 4 and 5 in the OA/petitioners herein had preferred a review application as RA No.8/2020 before the CAT, Ernakulam Bench to impugn Ext.P3 final order in the OA.

5. The Tribunal after hearing both sides has rendered impugned Ext.P5 final order dated 27.11.2020 dismissing the above review application on the finding that there is no error apparent on the face of the record, as far as Ext.P3 final order is concerned and that no other ground for review are made out. It is thereafter that the contesting respondents 4 and 5 in the OA have preferred the instant original petition before this Court as above.

6. A brief reference to the factual details in this case would be pertinent. The original applicant/R1 herein had joined the Department of Port, Shipping & Aviation of Lakshadweep Administrat