UOI & Others vs Ex Rect Padam Singh on 9 December 2021

**O R D E R**

**09.12.2021**

1. This Review Application has been filed by the Respondents in the OA seeking modification of the Order dated 30/08/2019 on the ground that Respondents did not file any appeal against Order dt 14/10/2015 and after a lapse of three years approached the same Tribunal for same grievance. Therefore the Order dt 30/08/2019 is without jurisdiction. It is settled proposition of law that effect of any judgment is prospective and the settled cases will not be opened again.

2. We have gone through the Application filed by the Applicant and records. It is found that Second OA 34/2018 was submitted clearly mentioning the Order passed in previous OA No 22/2014. It cannot be termed as an error apparent on the face of the record. The grounds raised in the Application for review do not meet the requirement of Order 47 Rule 1 of the Code of Civil Procedure and the law laid down by the Hon'ble Supreme Court in the case of *Sasi (D) through LRs v. Aravindakshan Nair and others* (2017) 4 SCC 692.

3. Accordingly, there being no error apparent on the face of the record, and considering the limited scope available to this Tribunal in a proceeding for review initiated under Rule 18 of the Armed Forces Tribunal (Procedure) Rules 2008, we see no reason to interfere with the matter. The RA thus stands Dismissed.

4. MA for condonation of delay also stands disposed off accordingly.

Sd/-x x x

(BOBBY CHÉRIAN MATHEWS) MEMBER (A)

Sd/-x x x

(RAJENDRA MENON) CHAIRPERSON