EPS 95 PENSIONERS HIGHER PENSION CASE STATUS IN SC | EPS 95 HIGHER PENSION NEWS
The Handbook on Practice and Procedure being followed by the Supreme Court of India for the information of my pensioner friends. Some relevant extracts from the same are also being shared hereunder.
SLP no. 8658-8659 of 2019 had been dismissed on 01.04.2019. As per the status on SC website, Review Petition no. 1430-1431 of 2019 had been filed by EPFO on 30.04.2019 (04:54 PM) but was registered on 04.06.2019
Page 29: Review Petition
A petition under Article 137 of the Constitution read with Order XLVII of the Rules shall be registered as a Review Petition. It may be either civil or criminal.
Page 35: V. Review Petition
(i)(a) An application for review under Order XLVII of the Rules read with Article 137 of the Constitution and shall, as far as practicable, be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed: Provided that in case of non-availability of a Judge or Judges of the Bench, by reason of retirement or otherwise, an application for review shall be heard by a Judge or Bench of Judges, as may be ordered by the Chief Justice.
(b) Unless otherwise ordered by the Court, an application for review shall be disposed of by circulation without any oral arguments. In the case of Mohd. Arif @ Ashfaq vs. The Registrar, Supreme Court of India & Others in 2014 9 SCC 737, the Supreme Court held that :- “........in review petitions arising out of those cases where the death penalty is awarded, it would be necessary to accord oral hearing in the open court......”
(c) Where an application for review of any judgment and order has been made and disposed of, no further application for review shall be entertained in the same matter.
(ii) (a) An application seeking a review, clarification or modification of an award, passed by a Bench of Lok Adalat, shall be placed before the same Bench at any subsequent Lok Adalat for consideration.
(b) Where any of the members comprising such Bench is/are not available, the application shall be placed before the Chief Justice for constitution of a Bench of Lok Adalat for consideration.
(c) In case settlement, by consent, is not arrived at on the application for review, clarification or modification before the Lok Adalat, the same shall be placed, as per roster, before the Division Bench or as ordered by the Chief Justice.
Page 74: Review Petition
An application for review under Article 137 of the Constitution read with Order XLVII of the Rules shall be filed on the grounds mentioned in Order XLVII Rule 1 of the Code, namely, discovery of new and important matter or evidence which, after exercise of due diligence was not within the knowledge or could not be produced by the petitioner at the time when the decree was 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. It shall be accompanied by -- (i) a certified copy or authenticated copy of the order or judgment sought to be reviewed; and (ii) a certificate of the advocate on-record certifying that it is the first application for review and is based on the grounds admissible under 66 the Rules.
Page 106-109: CHAPTER XII - LIMITATION - Nature of the Case Period of limitation Nature of the Case: Review Petition Period of limitation: 30 days from the date of order sought to be reviewed.
[Where any particular number of days is prescribed by the Rules, or is fixed by an order of the Court, in computing the same, the day from which the said period is to be reckoned shall be excluded, and, if the last day expires on a day when the Court is closed, that day and any succeeding days on which the Court remains closed shall also be excluded.]
Page 114: Coram
In a review petition, the coram of the Bench, which passed the order sought to be reviewed shall be updated in the computer. The case shall be listed before the Bench, which issued notice. On retirement of one of the Judges, the case shall be listed before the Judge constituting the second/third coram. In case of retirement of both/all the Judges constituting coram, the case shall be listed as per subject category through computer allocation.
CLICK HERE TO DOWNLOAD: Handbook on Practice and Procedure being followed by the Supreme Court of India
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