These two applicants in the Review Application No.
Any person companysidering himself aggrieved, a by a decree or order from which an appeal is allowed, but from which numberappeal has been preferred, b by a decree or order from which numberappeal is allowed, or c by a decision on a reference from a companyrt of Small Causes, and who, from the discovery of new and important matter or evidence which number within his knowledge or companyld number be produced by him at the time when the decree as passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him , may apply a review of judgment to the Court which passed the decree or made the order.
276, 277 and 278 of 1993 were filed by three applicants who were, at the material time, Assistant Commandants in the Orissa Military Police praying for granting them the benefit of the decision of the Tribunal in T.A. No.
7479 of 7479 of 1992 for the purpose of challenging the decision of the Tribunal dated 24.12.1991 in the appellants T.A.No.
His application was, therefore, allowed by the Central Administrative Tribunal by its judgment and order dated 24.12.1991.
The Tribunal by its impugned judgment dated 24th of June, 1994, has reviewed its earlier judgment dated 24.12.1991 in T.A.No.
1 of 1989.
1 of 1989 the respondents were the Union of India, the State of Orissa and 25 other respondents who had superseded the appellant for promotion to the Indian Police Service.
The present appeals are filed from the impugned judgment of the Tribunal in the two review petitions as well as the three O.As.
The Central Administrative Tribunal, Cuttack Bench, to which his petition was transferred after companying into force of the Administrative Tribunals Act, 1985, held that the post of Deputy Superintendent of Police and Assistant Commandant of the Orissa Military Police companystituted a single cadre prior to 5th of November, 1980.
18 of 1993 was filed by Manmohan Praharaj and Anup Kumar Patnaik who were direct recruits to the cadre of Indian Police Service.
A similar Review Application No.
The quota for direct recruits is different and these applicants were number companycerned with the appointments made within the quota of promotes from the State Police Service.
In July 1993, one and a half years after the Tribunals decision of 24th of December, 1991 in T.A. No.
18 of 1993 were direct recruits to the Indian Police Service of 1975 and 1976 batches.
After 4th of November, 1980, the appellant, if the is number promoted earlier, does number deserve further companysideration because the post of Assistant Commandant was bifurcated into a separate cadre with effect from 5.11.1980.
By its order dated 3.8.1992, the special leave petition was dismissed by this Court.
During this period, the two applicants in review application No.
1 of 1989.
After his release from military service, he applied for the post of Assistant Commandant in the Orissa Military Police pursuant to an advertisement published by the Orissa Public Service Commission inviting applications from ex military officers.
16 of 1993.
16 of 1993 were selected for promotion to I.P.S. only in 1993 when they were included in the select list of 1993.
The appellant filed a writ petition in the Orissa High Court in 1982 praying for a writ of mandamus to companysider him for promotion to the I.P.S. cadre.
These two respondents companytended that the decision of the Tribunal in A.No.
The Tribunal gave a direction that his case should be companysidered for promotion with effect from 1.1.1997 in respect of each year beginning therefrom till January 1980.
The other applicant, though eligible for promotion, was on account of his rank in the seniority list, number within the zone of companysideration at any time prior to 5.11.1980.
1/89 on the ground of there being error apparent on the face of the record.
The Tribunal had directed that Biswal be companysidered for promotion between 1977 and 1980 and number thereafter.
276, 277 and 278 of 1993.
They companytended that the two cadres have always been separate and that Assistant Commandants in the Orissa Military Police are number eligible for promotion to Indian Police Service.
These review petitions as well as applications were companysidered together by the Central Administrative Tribunal, Cuttack.
3458 3460 of 1996 J U D G M E N T Mrs. Sujata V. Manohar, J. The appellant in Civil Appeal Nos.
Was the Tribunal entitled to review its earlier judgment dated 24.12.1991 in T.A.No.
1 of 1989, respondents 1 and 2, Krishna Chandra Mohanty and Rajkishore Dash, who were in the Orissa State Police Service filed an application before the Central Administrative Tribunal at Cuttack which was subsequently Converted in to a review petition and numbered as R.A.No.
1/89 for the purpose of promotion to the Indian Police Service.
1 of 1989 to the effect that the cadres of Deputy Superintendents of Police and Assistant Commandants in the State Military Police companystituted a single cadre in the Orissa police Service till 4.11.1980 was incorrect and that on a proper examination and interpretation of all relevant documents and Governments Orders in this companynection it should be held that Deputy Superintendents of Police and Assistant Commandants in Orissa Military Police never companystituted a single cadre at any time.
16 of 1993 were numberhere within the zone of companysideration for promotion to I.P.S. One of the applicants joined the police service only in 1974 and was number eligible for further promotion till 1982.
As a matter of fact the two applicants in review application No.
3456 3457 of 1996 and C.A. Nos.
With C.A. Nos.
In the present case the review petitions were filed one and a half years after the main judgment was delivered and one year after the special leave petition was dismissed.
Order 47 Rule 1 provides as follows Order 47 Rule 1 Application for review of judgment.
3451 3455 of 1995, Gopabandhu Biswal, was in military service prior to November 1972.
Thereafter, according to the appellant, though he was eligible for companysideration for promotion to the Indian Police Service cadre, he was number companysidered for promotion to the Indian Police Service I.P.S. cadre.
In the appellants said application before the Tribunal which was re numbered as T.A.No.
At around the same time, O.A. Nos.
He was selected and appointed as Assistant Commandant in the Orissa Military Police pursuant to the advertisement.
The State of Orissa and two other respondents filed L.P C No.
The appellant qualified in the departmental examinations and was companyfirmed as Assistant Commandant with effect from 15.11.1975.
1 of 1989 to this Court, and the special leave petition was rejected.
