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2021 (4) TMI 188 - ALLAHABAD HIGH COURTMaintainability of review petition - Rectification of Mistake - error apparent on the face of record - entitlement to pensionary benefit - HELD THAT:- It is pertinent to mention here that the applicant/State permitted the petitioner/opposite party to serve on the post of Member of U.P. Trade Tax Tribunal, during period from 27.01.1994 upto 31.12.2011, i.e., qualifying service for ten years for entitlement for getting pension. The Government Order dated 05.05.2000 cannot override the provisions of Rule 56 of fundamental rules framed by the State of U.P. - The applicant/State on the basis of principles of estoppel and acquiescence, cannot raise objection on the basis of government order dated 05.05.2000 that now the petitioner/opposite party is not entitled for getting pension. The respondent/ opposite party joined on 27.01.1994, hence, government order cannot have retrospective effect, because, Rule 56 of Fundamental Rules has been made applicable by virtue of provisions of Section 10(1-B) of U.P. Trade Tax Act, to members of U.P. Trade Tax Tribunal, including members appointment in quota of Advocates also. There is no apparent error on the face of judgment and order dated 03.04.2017. The exposition of law of Hon’ble Apex Court relied upon by the learned Advocate General does not extend any benefit to the applicant/State. When the review will not be maintainable:- (i) A repetition of old and overruled argument is not enough to reopen concluded adjudications. (ii) Minor mistakes of inconsequential import. (iii) Review proceedings cannot be equated with the original hearing of the case. (iv) Review is not maintainable unless the material error, manifest on the face of the order, undermines its soundness or results in miscarriage of justice. (v) A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error. (vi) The mere possibility of two views on the subject cannot be a ground for review. (vii) The error apparent on the face of the record should not be an error which has to be fished out and searched. (viii) The appreciation of evidence on record is fully within the domain of the appellate court, it cannot be permitted to be advanced in the review petition. (ix) Review is not maintainable when the same relief sought at the time of arguing the main matter had been negatived." The present application for review of judgment and order dated 3.4.2017 is devoid of merits - Application for ROM dismissed.
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