The power of review is limited to correcting patent errors, not re-evaluating merits; mere recommendations do not confer enforceable rights.

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. The present Review Petition has been filed seeking review of the order dated 08.05.2024 passed by this Court in W.P.(C) No.22869 of 2016, which was subsequently modified by order dated 16.08.2024.

I. FACTUAL MATRIX OF THE CASE

2. The Petitioner (herein Opposite Party No.1) was an employee of Odisha Hydro Power Corporation Ltd. and retired on 31.08.2003 on attaining the age of superannuation while working as Fitter Mechanic, Grade-II.

3. He was initially appointed as Fitter Mechanic, Grade-III on 01.03.1982 under the work charged establishment in the scale of pay of Rs.240- 315/- per month. Subsequently, he was allowed to draw the scale of pay of Rs.300-410/- per month vide memo dated 30.08.1982 in accordance with the Finance Department order dated 15.04.1976.

4. On 26.02.1986, he was promoted to the post of Fitter-cum-Mechanic, Grade-II in the scale of pay of Rs.370-630/- per month.

5. The Irrigation and Power Department, vide letter dated 06.01.1987, revised the scale of pay of employees with effect from 01.01.1985. The scale of pay of Fitter Mechanic, Grade-III was revised from Rs.300/- to Rs.840/- per month and that of Fitter Mechanic, Grade-II from Rs.370/- to Rs.935/- per month. Thereafter, by Resolution dated 27.07.1991, the scale of pay of Fitter Mechanic, Grade-II was revised from Rs.935/- to Rs.1350/- per month with effect from 01.05.1989. Subsequently, by notification dated 18.01.1992, the scale of pay of Fitter Mechanic, Grade-II was revised to Rs.975-1660/- with effect from 01.05.1989.

6. At the relevant time, the employees of Energy and Irrigation Departments were under the common Irrigation and Power Department. In the year 1990, the two Departments were separated. The Petitioner, being under the Energy Department, continued in the pay scale of Rs.840-1240/- while employees in the Irrigation Department were in the higher scale of Rs.935-1530/- per month with effect from 01.01.1985.

7. The Petitioner submitted representations seeking grant of the higher scale of pay. He approached the Odisha Administrative Tribunal, Cuttack Bench, in O.A. No.58(C) of 1995, which was disposed of on 07.03.1996 granting liberty to file a fresh representation.

8. Thereafter, he filed O.J.C. No.562 of 1997 before this Court seeking direction for grant of revised scale of pay. During pendency of the said Writ Petition, Opposite Party No.5 recommended his case vide letter dated 30.03.2002 to the Director (HRD), Orissa Hydro Power Corporation Ltd., Bhubaneswar, to consider grant of scale of pay of Rs.4400-7905/- with effect from 01.04.1997 as a special case.

9. O.J.C. No.562 of 1997 was disposed of on 07.08.2015 with a direction to the Director (HRD) to consider the case of the Petitioner pursuant to the recommendation dated 30.03.2002 within three months.

10. In compliance thereof, Opposite Party No.5 passed the impugned order dated 23.11.2015 rejecting the claim of the Petitioner on the ground that the rationalized scale of pay of Rs.3600-6550/- extended to him was justified.

11. The Petitioner thereafter filed the present Writ Petition challenging the order dated 23.11.2015.

12. Upon consideration of the materials on record, including the earlier order dated 07.08.2015 and the recommendation dated 30.03.2002, this Court, by judgment dated 08.05.2024, quashed the impugned order dated 23.11.2015 and directed the Opposite Parties to grant the scale of pay of Rs.4400-7905/- with effect from 01.04.1997 in favour of the Petitioner within the stipulated period.

13. Thereafter, the Review Petition has been filed seeking review of the aforesaid judgment and order.

II. SUBMISSIONS ON BEHALF OF