The Chief Postmaster General, Chhattisgarh Circle v. Kaushal Prasad Varma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 86 of 2020

1. The Chief Postmaster General, Chhattisgarh Circle, Raipur, Chhattisgarh P I N 492001

2. The Deputy Director Of Audit And Accounts, Postal Audit, Tikrapara, Raipur Chhattisgarh.

3. The Senior Superintendent Of Posts, Durg Division, Civic Centre Bhilai, District - Durg Chhattisgarh. P I N 490006

4. Union Of India, Through The Secretary, M / O Communications And I.T., Department Of Post, Dak Bhawan, Sansad Marg New Delhi, P I N - 110116 • Amar Singh Sahu S/o Late Shri Salik Ram Sahu, Aged About 60 Years Retd. Sub Post Master, Chichola (Rajnandgaon) C.G., R/o Shanti Nagar, Ward No. 4, Dhaba Road Rajnandgaon, District - Rajnandgaon Chhattisgarh. P I N 491441 REVP No. 85 of 2020

1. The Chief Postmaster General, Chhattisgarh Circle Raipur, Chhattisgarh Pin 492001.

2. The Deputy Director Of Audit And Account Postal Audit, Tikrapara, Raipur Chhattisgarh.

3. The Senior Superintendent Of Posts Durg Division, Civic Centre Bhilai, District Durg Chhattisgarh. Pin 490006.

4. Union Of India Through The Secretary, M.O. Communications And I.T. Department Of Post, Dak Bhawan, Sansad Marg New Delhi. 110116.

5. The Post Master Head OfÏce Durg, District Durg Chhattisgarh. Pin 492001

• Kaushal Prasad Varma S/o Late Shri Munna Lal Verma Aged About 65 Years Retrd. Postal Assistant, R/o Subhas Nagar Mitan Chauk Durg District Durg Chhattisgarh.

REVP No. 88 of 2020

1. The Chief Postmaster General, Chhattisgarh Circle, Raipur. Chhattisgarh Pin 492001

2. The Deputy Director Of Audit And Account Postal Audit, Tikrapara, Raipur, Chhattisgarh

3. The Senior Superintendent Of Posts, Durg Division Civic Centre Bhilai, District Durg, C.G., Pin 490006

4. Union Of India Through The Secretary, M.O. Communications And I.T. Department Of Post, Dak Bhawan, Sansad Marg New Delhi, 110116

5. The Post Master Head OfÏce Durg, Chhattisgarh 492001 • Basant Kumar Hirwani S/o Late Shri Guhari Ram Hirwani Aged About 57 Years Working As Sub Post Master, R/o Q.18 Type 2 P N T Colony Sector 6 Bhilai District- Bhilai, Chhattisgarh, Pin 490006 REVP No. 90 of 2020

1. The Chief Postmaster General, Chhattisgarh Circle, Raipur, Chhattisgarh. Pin 492001

2. The Post Master Rajnandgaon H.O. At Rajnandgaon District - Rajnandgaon Chhattisgarh.

3. The Senior Superintendent Of Posts Durg Division, Civic Centre Bhilai, District - Durg Chhattisgarh. Pin 490006

4. Union Of India Through The Secretary, M.O. Communications And I.T. Department Of Post, Dak Bhawan, Sansad Marg New Delhi. 110116

• Smt. Dukhni Bai Pal W/o Shri K.R. Pal Aged About 60 Years R/o Shanti Nagar, Ward No. 4, Dhaba Road Rajnandgawn, District - Rajnandgawn Chhattisgarh, Pin 491441 For Petitioners Mr. Bhupendra Singh, Assistant Solicitor General Proceedings through Video Conferencing DB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. C.J Hon'ble Mr.

Parth Prateem Sahu, J.

Order on Board by Prashant Kumar Mishra, Ag. C.J. 1/7/2021

1. Heard.

2. This batch of Review Petitions arises out of the order dated 15.4.2019 passed by this Court in WPS No.1903/2017 and other connected petitions.

3. The issue concerning admissibility of benefit of third financial up-gradation to the respondents under the Modified Assured Career Progression (for short "MACP") was the subject matter for decision making before the Central Administrative Tribunal, which allowed the Original Applications in favour of the

respondent employees by separate orders, one of them in OA No.203/00937/2014, which was challenged before this Court in WPS No.1903 of 2017, out of which, Review Petition No.86/2020 is arising.

4. The Central Administrative Tribunal relied on the order passed by the Division Bench of Rajasthan High Court in Writ Review Petition No.171/2016 between Union of India and others Vs. S.N. Singh Bhati, decided on 3.1.2018 and the order passed by Hon'ble the Supreme Court in SLP (Civil) Diary No.23260/2018, dismissing the SLP filed against the order of Rajasthan High Court.

5. This Court dismissed WPS No. 1903/2017 and other connected petitions finding that the issue is similar to the one decided by the Rajasthan High Court.

6. It is also to be seen that the High Courts of Karnataka and Madras have also taken similar view on the issue concerning applicability of MACP Scheme to the similarly placed employees.

7. Having heard learned counsel for the petitioners, we have not found any error apparent on the face of the record in our order under review.

8. In the garb of review petitions, the petitioners cannot be permitted to argue the entire matter afresh.

9. The scope of interference in a review petition is very limited as held by the Supreme Court in the matters of Meera Bhanjan v.

Smt. Nirmal Kumar Chowdhary, AIR 1995 SC 455, Lily Thomas etc. v. Union of India and others, AIR 2000 SC 1650, Ajit Kumar Rath v. State of Orissa and others, AIR 2000 SC 85, Government of T.N. & Others v. M. Ananchu Asari and others, (2005) 2 SCC 332, and Kerla State Electricity Board v. Hitech Electrothermicsm & Hydropower Ltd. and others, (2005) 6 SCC 651.

10.Consequently, all the Review Petitions are dismissed. Sd/- Sd/- ( Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Shyna