HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR, JJ.
State of UP And Others – Applicants
Versus
Smt Krishna Singh – Opp. Party
Civil Misc Review Application No. 409 of 2024
Decided On : 30-04-2026
| Table of Content |
|---|
| 1. procedural history and factual background leading to the review application. (Para 1 , 2 , 3 , 4) |
| 2. contentions of parties regarding eligibility for state ex-gratia compensation and parity with similarly situated employees. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. analysis of the state's conduct, inordinate delay in seeking review, and discriminatory treatment of the petitioner. (Para 12 , 13 , 14 , 15) |
| 4. scope and limitations of review jurisdiction under article 226 and order 47, rule 1 of the cpc. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. conclusion that no error apparent on the face of the record exists; review application rejected. (Para 26 , 27) |
JUDGMENT :
PRASHANT KUMAR, J.
1. Hon'ble Prashant Kumar, J. has joined the proceeding through video conferencing from Lucknow Bench of this Court.
2. Heard Shri Amit Saxena, learned Addl. Advocate General assisted by Shri Pankaj Rai, learned counsel for the applicants-respondents and Shri Sudhanshu Pandey, learned counsel for the opposite party-petitioner.
3. Shri Pankaj Rai, learned Addl. Chief Standing Counsel files the affidavit of compliance dated 30.04.2026 on behalf of Relief Commissioner, Revenue, Government of U.P., Lucknow-respondent no.2, which is taken on record.
4. This review application has been filed for reviewing the judgement and order dated 02.11.2023 in Writ-C No.31953 of 2023 (Smt. Krishna Singh v. State of U.P. & Ors.) by which the writ petition was disposed of in terms of judgment and order dated 03.10.2023 passed in Writ-C No.32178 of 2023 (Smt. Champa Devi v. State of U.P. & Ors.). For ready reference, the order dated 02.11.2023 is reproduced as under:-
"1. Heard learned counsel for the petitioner and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents.
2. Present writ petition is preferred under Article 226 of Constitution of India with request to issue a writ, order or direction in the nature of mandamus directing the respondents to release the ex-gratia compensation of Rs.50 lacs to the petitioner in pursuance of the Government order dated 11.04.2020 in lieu of death of her husband Sri Vijay Bahadur Singh, Head Constable U.P. Police due to Covid-19 while performing public duties and engaged in ensuring the Covid-19 protocol within some stipulated time.
3. Earlier the matter was taken up on 19.9.2023 and on the said date the Court had proceeded to pass following order:-
"1. The matter relates to ex-gratia compensation.
2. At the very outset, Sri R.M.Upadhyay, learned Additional Chief Standing Counsel has placed the detailed instructions dated 18.9.2023 sent by the Deputy Commissioner of Police Headquarter Commissionerate Prayagraj, which is taken on record. On the basis of instructions, he submits that the matter is ceased before the State Government and some breathing time may be accorded so that fate of the said proceeding may be apprised on the next date of listing. On his request, the case is passed over for the day.
3. Put up this matter on 9.10.2023 as fresh. Needless to say, the claim of the petitioner must be processed on or before the next date of listing."
4. Learned Additional Chief Standing Counsel submits that adequate information has already been sent to the concerned authority through e-mail on 21.9.2023 and the instructions are still awaited. He submits that further time may be accorded so that the order dated 19.9.2023 may be complied with.
5. Per contra, learned counsel for the petitioner states that the issue in hand is already settled by the Division Bench vide order dated 3.10.2023 in Writ C No.32178 of 2023 (Smt. Champa Devi vs. State of U.P. and others), wherein similarly situated incumbents have already been given the benefit in the light of the Government Order dated 11.4.2020. In the present matter, the competent authority vide order dated 14.11.2022 has already made recommendation for according ex-gratia payment in favour of legal heirs of late Vijay Bahadur Singh, Head Constabl
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The court established that review petitions cannot be based on subsequent judgments or changes in law, and must strictly adhere to the grounds specified under Order 47 Rule 1 CPC, emphasizing the lim....
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.
Gratuity payments under Payment of Gratuity Act cannot be denied based on benefits from a welfare fund without proper government exemption; review petitions cannot contest previously decided matters.
A review petition must show an apparent error on the record to succeed, as delay does not extinguish the right to continuing benefits like family pensions.
Review proceedings cannot be treated as an appeal; they must adhere strictly to legal standards, allowing for correction of apparent errors only, not retrials of decisions.
The court reinforced that review petitions are not an opportunity to re-argue cases or appeal decisions already made unless clear, patent errors exist.
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