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CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH

Review Application No. 46/2025 in T.A. No. 130/2025

Date of Order: This, the 31stday of December, 2025

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

Between

Dr. Pallav Sharma, aged 51 years, S/o Sh. G.D. Sharma,

R/o 46-E, B/C Gandhi Nagar, Jammu Tawi.

….. Review Applicant

-VERSUS-

Shri Mata Vaishno Devi University (SMVDU), Kakryal, Katra

(J&K) through its Registrar

…..Respondent

Advocate for applicant(s): Mr. Parag Sharma

Advocate for respondent(s): Ms. Shivani Jalali

ORDER(ORAL)

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

At the outset, one M.A. No. 2002/2025 has been

moved by the applicant praying for condoning the delay in

filing the present Review Petition.

R.A. No. 46/2025

(TA No. 130/2025)

Digitally signed by

SOURABH KUMAR

2

2. Considering the grounds raised therein in MA No.

2002/2025 and submission made by parties, the delay in

filing instant RA is condoned. Accordingly, M.A. No.

2002/2025 is allowed.

3. The present RA has been moved by the applicant under

Section 22(3) (f) of the Administrative Tribunal Act, 1985

for review/recall of the Order dated 17.10.2025 passed by

this Tribunal in T.A. No. 130 of 2025.

4. This Tribunal while allowing the T.A. No. 130/2025 on

17.10.2025 had observed and directed inter-alia:

13. In view of the foregoing discussions, the applicant is entitled

to the relief claimed in the present application except relief (c).

Therefore, the TA is partly allowed with following directions:

i. The impugned order of recovery is quashed and set

aside and the respondents are directed not to recover any

amount from the salary or pensionary benefits of the

applicant.

ii. The respondents are directed to refix the pension of the

applicant on the last pay drawn.

iii. The whole amount recovered from the month of July

2011 till date, shall be refunded to the applicant

preferably within two months from the date of receipt of a

certified copy of this order.

5. Learned counsel for the applicant is basically seeking

review of directions which are as under:

(i) regarding the pensionary benefits granted to

the applicant as he had not claimed this relief of

R.A. No. 46/2025

(TA No. 130/2025)

Digitally signed by

SOURABH KUMAR

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pensionary benefits neither in the writ petition nor

in the pleadings of the TA.

(ii) Respondents were directed to refix the pension

of applicant as it was not claimed by way of relief in

the TA.

6. Having heard the learned counsel for the parties and

perused the record, it is apparent that there is an error

apparent on the face of record inasmuch as the rights of the

applicant is concerned.

7. Further, the law is well-settled that an error apparent

on the face of record is a ground for review. The Hon’ble

Supreme Court in S. Nagaraj vs. State of Karnataka

(1993 Supp (4) SCC 595), and Board of Control for

Cricket in India vs. Netaji Cricket Club (2005) 4 SCC

741, has held that review jurisdiction is intended to prevent

miscarriage of justice and correct palpable errors. The

present case squarely falls within this principle.

8. For the foregoing discussions, the present RA is

disposed of. The order dated 17.10.2025passed in T.A. No.

130/2025is reviewed to the extent that para 13 of the

order dated 17.10.2025 passed in T.A.130/2025

standsmodified and will be henceforth read as

follows:

R.A. No. 46/2025

(TA No. 130/2025)

Digitally signed by

SOURABH KUMAR

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“13. In view of the foregoing discussions, the applicant is

entitled to the relief claimed in the present application

except relief (c). Therefore, the TA is partly allowed with

the following directions:

i. The impugned order of recovery is quashed

and set aside and the respondents are directed not

to recover any amount from the salary of the

applicant.

ii. The whole amount recovered from the month

of July 2011 till date, shall be refunded to the

applicant preferably within two months from the

date of receipt of a certified copy of this Order.”

9. This order shall form part of order dated 17.10.2025

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