The Officer-In-Charge vs R.Gunasekaran
2021 Latest Caselaw 14449 Mad

                                                                             Review Petition SR.No.51138 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 19.07.2021

                                                            CORAM

                                   THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

                                           Review Petition SR.No.51138 of 2021
                                                in W.P.No.26318 of 2009

                     1. The Officer-in-charge,
                        Bureau of Naviks,
                       Cheetah Campt,
                        Mankhund, Mumbai – 88.

                     2. The Director General,
                        DG ICG,
                       Coast Guard Headquarters,
                       New Delhi – 110 001.                                         ... Petitioners

                                                                Vs.
                     R.Gunasekaran                                                   ... Respondent

                     PRAYER: The Review Petition is filed under Order 47 Rule 1 read with

                     Section 114 of Civil Procedure Code, to review the order passed in
                     W.P.No.26318 of 2009 dated 24.02.2020.


                                      For Petitioner            : Mr.K.Gunasekar

                                      For Respondent           : Mr.V.Vijay Shankar
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                                                                               Review Petition SR.No.51138 of 2021




                                                       ORDER

This Court, by its order dated 24.02.2020, has granted the relief

of invalid pension to the petitioner, but, the order has not been complied

with. Therefore, the petitioner has filed a Contempt Petition vide Contempt

Petition No.60 of 2021.

2. After receipt of notice, the respondents have preferred a

Review Petition with a delay of 433 days, wherein, they have taken support

of an Office Memorandum in No.1/7/2017-P&PW (F), dated 28.07.2020.

The said Office Memorandum deals with grant of disability pension and not

invalid pension.

3. Be that as it may, it is not the case of the petitioner that these

documents were already available, which could not be produced by the

review petitioner/respondent in spite of their diligent efforts. It is also not

his case that there is an error apparent on the face of the record, for the

reason, the Office Memorandum has been issued five months after the date

of judgment. Therefore, there is no scope for review in this matter and

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therefore, the Review Petition is dismissed at the SR stage itself. There shall

be no order as to costs.

19.07.2021

asi

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M. GOVINDARAJ, J.

asi

Review Petition SR.No.51138 of 2021 in W.P.No.26318 of 2009

19.07.2021

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