Gulshan Kumar vs. Union Of INDIA
Held
The High Court dismissed the review petition, finding that the grounds raised were identical to those in a previously dismissed review petition (R.P.No.435 of 2019) and saw no reason to deviate from that decision.
Facts
The review petitioners, who were respondents in an earlier O.P.(CAT), sought to review a High Court judgment. The original judgment had set aside a CAT order directing inter-commissionerate transfers, holding that transfer policy is an employer's prerogative and not subject to judicial review.
Key Issues
Whether the High Court's earlier judgment, which held that an employer's policy decision regarding inter-commissionerate transfers is not subject to judicial review, warranted review on identical grounds previously rejected.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943 RP.No.768 OF 2019 IN OP (CAT). 173/2018 OP (CAT) 173/2018 OF HIGH COURT OF KERALA DATED 10.04.2019 REVIEW PETITIONER/S: 1 GULSHAN KUMAR AGED 32 YEARS S/O.LATE VINOD PANDY, INSPECTOR OF CENTRAL TAX AND CENTRAL EXCISE, OFFICE OF THE COMMISSIONER, CENTRAL TAX AND CENTRAL EXCISE, HEAD QUARTER PREVENTIVE UNIT, HQRS, GST BHAWAN,. PRESS CLUB ROAD, TRIVANDRUM, REISDING AT AATHIRA, SNRA-18, TC 10/218/1, SAP CAMP, NEAR KV SCHOOL, SWATHY NAGAR, PEROORKADA, TRIVANDRUM-695 005. 2 SRI.GAUTAM KUMAR, AGED 31 YEARS S/O.SRI.BHARAT PRASAD, INSPECTOR OF CENTRAL TAX AND CENTRAL EXCISE, OFFICE OF THE SUPERINTENDENT OF CENTRAL TAX AND CENTRAL EXCISE, SHREYAS BUILDING, GPO LANE, PULIMOOD, STATUE, TRIVANDRUM-695 001, RESIDING AT TC 24/1085/16, LEKSHMI NIVAS, NEAR ASSUMPTION CHURCH, THYCAUD, TRIVANDRUM-695 014. 3 SRI.ABHIJEET SINGH, AGED 30 YEARS S/O.LATE SHRI.MURLI MANOHAR SINGH, INSPECTOR OF CENTRAL TAX AND CENTRAL EXCISE, CONFIDENTIAL SECTION, 3RD FLOOR, CR BUILDING, IS PRESS ROAD, KOCHI-682 018, RESIDING AT FLAT N
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