Point of Law : Practice and Procedure - Review/modification and/or setting aside of order - Orders of transfer and posting - It is well settled that scope of review of an order is very limited and it cannot be a forum to re-argue matter already decided by Court – A review cannot also be used as a tool for changing opinion/view of Court.

ORDER :

CM No. 2456/2021

1. This application, for the reasons stated and grounds urged therein, is allowed. Since Court proposed to decide the review petition at motion hearing, therefore, no requirement of making good the deficiency of annexing the requisite Court fee, stamp papers, notarization, etc.

2. CM disposed of as above.

RP No. 46/2021

3. In the instant review petition, filed under Chapter XLVII Rule 1 of the Code of Civil Procedure, seeking review/modification and/or setting aside of the order dated 16.04.2021 passed in WP(C) No. 761/2021 and CM No. 2246/2021, in so far as it directs that the impugned orders passed by the Central Administrative Tribunal (CAT), Bench, Jammu on 24.03.2021, and order dated 07.08.2018, passed by the respondent No. 2, to remain subject to outcome of the writ petition and with further direction, directing the petitioners to join the Health Department forthwith, for rendering their services and instead the parties deserve to be directed to maintain status quo, on the grounds detailed out in the review petition with particular reference as under :-

I. That the Court has not taken note of the fact that after the passing of their permanent orders of transfer and posting, the petitioners have been promoted in the transferee departments against the higher posts of Junior Assistant, assistant Stockman and Assistant Storekeeper etc. and they have been drawing the salary against these higher posts for the last more than four years, which has substantiated by the orders placed on record of the writ petition and mentioned in Sub Para-1 of Ground (a) of the review petition.

II. That in terms of order dated 07.08.2018, the petitioners were repatriated back to their respective parent departments against their original borne cadre post, therefore, the order dated 07.08.2018, was an order of reversion and not repatriation and it was, accordingly, challenged by the petitioners before the Court through the medium of SWP No. 1903/2018 and this Court while entertaining the writ petition was pleased to direct that the present status of the petitioners shall not be disturbed. This Court in terms of order dated 16.04.2021, having directed the petitioners to join the Health Department, without indicating as to against which post they have to join and work in the Health Department, therefore, the order dated 16.04.2021, deserves to be reviewed/modified and/or set aside and in order to protect the present status of the petitioners and their rights and interests the position obtaining as on today deserves to be maintained in the matter, till the final disposal of the writ petition.

III. That the posts on which the petitioners were working before their permanent transfer from Health Department, Kargil, to different other departments, have been filled by the respondents and the lien of the petitioners against those posts has also ceased to exist in terms of Civil Service Regulations. The order dated 16.04.2021, directing the petitioners to join back the Health Department is, therefore, unjust and harmful to the rights and interests of the petitioners and is bound to affect their service career adversely, as such, it deserves to be reviewed/modified and/or set aside and the position obtaining as on today deserves to be maintained in the matter, till the final disposal of the writ petition.

IV. That the petitioners transfer and posting from Health Department, Kargil, to other departments of the Government was an order of appointment by transfer, against available posts. The petitioners having been promoted in the transferee departments thereafter, therefore, the respondent No. 3, who was the successor of the officer, who had issued the order of transfer of the petitioners, had no jurisdiction to issue the order dated 07.08.2018, repatriating the petitioners back to the Health Department, against their original borne cadre posts and that too without issuing any show cause notice to them and/or providing them an opportunity of bei