JUDGEMENT
D.N.PATEL,J. -
(1.) This civil review application has been preferred by the original appellant for review of an order dated 30th October, 2009 passed by this
court in Letters Patent Appeal No. 331 of 2009, whereby the appeal
preferred by this applicant was dismissed. This Civil Review has been
preferred mainly on the ground that the Division Bench has wrongly relied
upon and interpreted certain clauses (Annexure 1 to the memo of this Civil
Review Application), while dismissing the Letters Patent Appeal.
(2.) Learned counsel appearing for the appellant has argued at length with respect to all the relevant clauses, viz. Clause No.s 3.1, 3.2, 3.3 and
(3.) 4 etc. of a circular in a great detail and has pointed out that this applicant-original appellant was entitled to Ration allowance over and
above salary because he was a Sergeant from Indian Air Force.
3. Having heard learned counsel for the applicant and looking to the facts and circumstances of the case, we find no reason to entertain this
civil review application mainly for the reason that this civil review
application is an appeal in disguise and therefore, we are not accepting
the argument of the counsel for the applicant for the purpose of this civil
review because we are not sitting in appeal against the order dated 30th
October, 2009 passed by this court in L.P.A. No. 331 of 2009. It appears
that whole matter has been re-argued by the counsel appearing for the
applicant. In fact, the tone of the argument is that the judgment delivered
by the Division Bench of this court while dismissing the Letters Patent
Appeal was passed on erroneous interpretation of Clause No.3 (Annexure
1 to the memo of this civil review application) .;
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