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ORISSA HIGH COURT
ODISHA HYDRO POWER CORPORATION LTD. ODISHA – Appellant
Versus
GOLAK CHANDRA SWAIN – Respondent
| Table of Content |
|---|
| 1. employee's pay scale disputes and promotions (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. grounds for review in administrative law (Para 14 , 15) |
| 3. scope and limitations of review jurisdiction (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. dismissal of review petition (Para 28 , 29) |
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-M
The power of review is limited to correcting patent errors, not re-evaluating merits; mere recommendations do not confer enforceable rights.
Review jurisdiction is limited to correcting errors apparent on the record and does not allow for re-examination of the merits of a case.
Review jurisdiction is strictly limited to apparent errors in the record or new evidence; acceptance of a reduced pay scale upon appointment restricts subsequent claims for higher pay.
The power of review can be exercised to correct mistakes but not to substitute a view, and a bona fide mistake by an advocate can justify a review.
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
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.
Review petitions can only correct apparent errors on record; they cannot rehash previously settled arguments. Employees are entitled to executive pay scales when performing duties of a higher post, d....
A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
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