B.L.Gangber v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 90 of 2018 • B.L. Gangber, S/o late Ramsingh Gangber, aged about 56 years, Sub-Post Master, Byron Bazar Post Office, (Presently Posted at Pandri Post Office) Raipur - 492001, District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. Union of India, Through The Secretary, Ministry of Communication, Department of Posts, Dak Bhawan, New Delhi - 110001

2. The Chief Post Master General, Chhattisgarh Circle, CPMG Office, M.G. Road, Raipur - 492001 (C.G.)

3. The Director (Postal) Office of the Chief Post Master General, CPMG Office, M.G. Road, Raipur - 492001 (C.G.)

4. The Sr. Superintendent of Post Offices, Raipur Division, First Floor of Ganj Post Office, Station Road, Raipur - 492009 (C.G.) ---- Respondents For Petitioner :

Shri B.P. Rao, Advocate.

For Respondent/UOI :

Shri B. Gopa Kumar, Assistant Solicitor General. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 22.10.2018 1.

Heard learned counsel for the Petitioner and learned Assistant Solicitor General for Union of India.

2.

No error apparent on the face of record has been pointed out against the order dated 17.07.2018 against which the present review application has been preferred.

3.

The ground given for preferring the review is said to be an Office Memorandum dated 28.04.2014 issued by the Ministry of Personal, Public Grievance and

Pension, Government of India which has been annexed as Annexure-R-A/2. Reliance has been placed by the counsel on the said OM, especially para 7(k) where some kind of time frame has been indicated to complete the departmental proceedings and in case of delay, the OM talks of desirability of giving promotion on ad-hoc basis.

4.

We are of the opinion that the said OM is only directory, not mandatory and therefore, the said OM cannot become the reason for review of the judgment or order dated 17.07.2018.

5.

Review application is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan