Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
The State Of Jharkhand – Appellant
Versus
Rajeshwar Prasaad, S/o Late Ganesh Prasad Sinha – Respondent
| Table of Content |
|---|
| 1. review application filing and entitlement to benefits. (Para 1) |
| 2. facts of the writ petition (Para 2) |
| 3. arguments on review application (Para 3 , 4 , 5) |
| 4. court's observations on review jurisdiction (Para 6 , 8 , 10) |
| 5. ratio decidendi on limitations and order dismissal (Para 9 , 13) |
| 6. court's observations on review scope and conclusion. (Para 11) |
| 7. final conclusion on dismissal (Para 14) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. This review application has been preferred by the petitioners for review of the order dated 15.03.2021 passed in W.P.(S) No. 1935 of 2014.Since, the petitioners have sought review of the writ court order; as such, brief facts as per the pleadings made in the writ petition requires to be enumerated herein, which reads as under: -
(i) The Writ Petitioner (Respondent No. 1 herein) had filed the writ petition praying inter-alia for a direction upon the respondent authorities (Petitioners herein) to pay the entire retiral benefits including unpaid wages, gratuity, earn leave, ACP, group insurance, etc. along with pension. Writ Petitioner further prayed for a direction upon the respondent-authorities especially State
The court clarified that a review application must showcase error apparent on record or new material; significant delay in filing undermines its maintainability.
The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.
The court reaffirmed that employees on extended deputation due to closure of parent organizations may be entitled to retirement benefits and regularization, under principles of equal treatment in emp....
The court emphasized that willful and deliberate defiance of the order is pivotal in adjudicating contempt proceedings, and found that there was no deliberate or intentional disobedience in this case....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
