Court No. - 39

Case :- WRIT - A No. - 6255 of 2022

Petitioner :- Sharad Chandra Sinha

Respondent :- State Of U.P. Through Tis Sec. Industrial Development

Department And 2 Others

Counsel for Petitioner :- Rajesh Kumar Srivastava

Counsel for Respondent :- C.S.C.

Hon'ble Attau Rahman Masoodi,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and learned

Standing Counsel for the State.

By means of this writ petition, the petitioner has assailed

the judgement and order dated 13.08.2021 whereby the

review application filed by the petitioner arising out of the

judgement and order dated 22.05.2012 rendered in claim

petition no.739 of 2005 was rejected.

From the order passed by the learned tribunal in the

above mentioned claim petition, it is gathered that the

learned tribunal while allowing the claim petition has

however denied the benefit of any interest on the amount

which was already refunded to the petitioner timely. The

judgement/order rendered by the tribunal was assailed by

the petitioner in Writ-A No.19687 of 2017 and the same

was dismissed by an order dated 05.05.2017. The order

passed by this court is extracted below:-

"Heard learned counsel for the petitioner and learned Standing Counsel for the State-

respondents.

The petitioner's claim for interest on delayed payment of gratuity cannot be considered

as the Tribunal in its judgment dated 03.12.2016 has already declined to accept such

request for payment of interest.

The petitioner is at liberty to avail such remedy as may be open under law with regard to

his claim.

Petition is dismissed. "

It is only thereafter that the petitioner appears to have

filed a review application before the learned tribunal

seeking review of the judgement passed on 22.05.2012.

Learned tribunal after due consideration of the matter

has rejected the review petition by means of order dated

13.08.2021. This is merely a reaffirmation of the order or

observations made by the tribunal in the original order

passed on 22.05.2012. The petitioner has not chosen to

assail the said order on any ground whatsoever. Mere

challenge to the order passed in the review application

without pointing out any error apparent on the face of

original order has a limited scope. The ground urged in

the writ petition do not appeal to us so as to interfere in

the impugned order.

This is for the reason that no new material was brought to

the notice of the learned tribunal on the basis of which the

orders sought to be reviewed ought to have been altered

by learned tribunal in exercise of the power of review. We

are also not taken through any observation made by the

tribunal which may indicate an error apparent on the face

of original order passed by the tribunal left unchallenged

by the petitioner.

The writ petition being bereft of any merit is accordingly

rejected.

Order Date :- 5.5.2022

Shahnaz

Digitally signed by SHAHNAZ BANO

Date: 2022.05.07 09:48:28 IST

Reason:

Location: High Court of Judicature

at Allahabad