A review application can only succeed on grounds available at initial adjudication; new developments post-decision do not constitute sufficient grounds for review.

ORDER

Urmita Datta Sen, Judicial Member

The applicant has preferred this R.A. to modify the order dated 05.02.2015 passed in O.A.No.378 of 2012, wherein it was directed as under :-

“4. It is not the case of the respondents that the recommendation of the 6^th CPC in its para 3.1.14 was not accepted by the Ministry of the department, as such we do not find any justification in disallowing the said scale of pay to the present applicant since the applicant has completed more than four years as Sr. Private Secretary.

5. In such view of the matter the respondents are directed to implement the recommendation made in para 3.1.14 of the 6^th CPC in case of the present applicant who is also working as Sr. Private Secretary having completed more than 4 years as such. The impugned orders dated 17.11.2011 (Annexure A-18) and dated 22.11.2011(Annexure A-19) are accordingly quashed. Appropriate order be issued within a period of 3 months from the date of communication of the order.”

On prayer of the respondents/Review applicants through M.A., further three months time was granted by this Tribunal to implement the aforesaid order.

2. Learned Counsel appearing on behalf of the Respondents/Review Applicants has advanced his arguments in the following manner:-

(a) In view of the proposal from Ministry of Mines seeking comments of DoP&T in respect of implementation of the aforesaid order of this Tribunal, the DoP&T had opined that Shri Biswas was promoted to the post of Sr. Private Secretary on the basis of draft Recruitment Rules of Senior Private Secretary, who had represented for grant of pay of Rs.5400/- w.e.f.01.01.2006 as he was holding the pay scale of Rs.7500-12000/- (pre-revised) and completed 4 years of service as on 01.01.2005.

(b) It was further stated by the DoP&T that the representation of Shri Jagadananda Biswas (applicant) was examined by the Ministry of Mines in consultation with Department of Expenditure who had taken the view that as long as the RRs were not formally notified, all recruitment/promotions can be made only on the basis of existing RRs. In 5^th Para of the said DoPT Circular i.e. F.No.26/10/2015/M-III dated 03.08.2015 (RW-2), it had been stipulated that :-

“5. In this context, it may be clarified that unless and until the draft RRs are notified in the Gazette, the draft RRs cannot be acted upon and the promotions/recruitment made on the basis of draft RRs has no legal sanctity.. Till the draft RRs are formally notified in the Gazette of India, the Recruitment/promotions are required to be made on the basis of existing RRs, Since Shri Biswas was promoted on the basis of draft RRs, his promotion cannot said to be in order. Therefore, his demand for grant of GP of Rs.5400/- after completion of four years of service cannot be agreed to. It is further stated that responsibility needs to be fixed for making promotions on the basis of draft RRs.”

(c ) In view of the changed circumstances, the Union of India had filed an appeal before the Hon’ble High Court at Calcutta against the order of this Tribunal dated 05.02.2015 vide W.P.C.T.No.5 of 2016, which was dismissed on 27.01.2016 with the following directions:-

“In our opinion, this petition need not be entertained. The Petitioners will have to adopt the proper procedure mentioned in the Administrative Tribunal Act, since it is their submission that certain facts were not brought to the notice to the Tribunal.”

(d) Learned Counsel for the Review Applicants has taken the plea that the officers concerned had no knowledge about the aforementioned Circular issued by the DoP&T on 03.08.2015 and, therefore, they could not brought the same facts before this Tribunal at the time of hearing of the O.A.No.378 of 2012, theref