A review petition can be granted if an error apparent on the record is found, especially where critical arguments were omitted.

ORDER

Muralee Krishna, J.

This review petition is filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure , 1908, by the petitioner in W.P.(C)No.39654 of 2024, contending that there is an error apparent on the face of the record in the judgment dated 22.05.2025 passed by a Division Bench of this Court, wherein one among us [Muralee Krishna S., J.] was sitting along with Amit Rawal, J., by which the writ petition was dismissed. Since Amit Rawal, J., demitted office, this review petition is listed before this Bench, as per roster.

2. W.P.(C)No.39654 of 2024 was filed by the petitioner, who was discharged from the Indian Army. Contending that his request for disability pension claim was unreasonably rejected, he approached the Armed Forces Tribunal, Regional Bench, Kochi, with O.A.No.244 of 2021 filed under Section 14 (2) of the Armed Forces Tribunal Act , 2007. By the order dated 22.08.2023, the Tribunal found that the petitioner is entitled to disability element of pension at 20% for a period of two years from the date of his discharge. Dissatisfied with the said order of the Tribunal, the petitioner filed W.P.(C)No.39654 of 2024. On 22.05.2025, when the writ petition came up for consideration, this Court dismissed the same, holding that the petitioner did not raise any contention before the Tribunal that the disability of 20% assessed by the Release Medical Board for a period of two years is incorrect, and it ought to have been for life.

3. Heard Sri. Lijin Thamban, the learned counsel for the petitioner and Sri. S. Biju, the learned Senior Central Government Counsel for the respondents.

4. The learned counsel for the petitioner submitted that in the writ petition, the petitioner pleaded that the nature of the disease suffered by the petitioner at the time of his discharge is of permanent nature and therefore he is entitled to get disability for life, in view of the judgment dated 28.11.2019 of the Apex Court in Commander Rakesh Pande v. Union of India [Civil Appeal No.5970 of 2019]. The said contention is specifically raised as ground ‘E’ in the writ petition. However, it was omitted to be considered in the judgment, which is an error apparent on the face of the record.

5. On going through the pleadings in W.P.(C)No.39654 of

2024, we notice that the petitioner had taken a contention as ground ‘E’ in the writ petition that on the basis of the judgment dated 28.11.2019 of the Apex Court in Commander Rakesh Pande v. Union of India [Civil Appeal No.5970 of 2019], he is entitled to get disability pension for life. But in the judgment dated 22.05.2025, the aforesaid contention of the petitioner was not taken note of by this Court. Therefore, we are of the opinion that the judgment dated 22.05.2025 is to be recalled for fresh consideration of the writ petition.

In the result, without expressing anything on merits on the contention raised by the petitioner, relying on the judgment dated 28.11.2019 of the Apex Court in Commander Rakesh Pande v. Union of India [Civil Appeal No.5970 of 2019], this review petition is disposed of by recalling the judgment dated 22.05.2025 in W.P.(C)No.39654 of 2024. Registry is directed to list the writ petition before the Bench as per roster.

Sd/-