The Chairman vs N.Subbaiah ...1St
2022 Latest Caselaw 7272 Mad

                                                                        Rev.Aplw(md)No.16 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED:06.04.2022
                                                   CORAM:

                             THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM


                                         Rev. Aplw(MD)No.16 of 2022
                                                    in
                                          W.P(MD)No.5534 of 2015


                     1.The Chairman
                       Tamil Nadu Generation and Distribution
                            Corporation Ltd.,
                         th
                       10 Floor, N.P.K.RR.Maligai,
                       No.144, Anna Salai,
                       Chennai-2.

                     2.The Chief Engineer(Personnel)
                       Tamil Nadu Generation and Distribution
                            Corporation Ltd.,
                         th
                       10 Floor, N.P.K.RR.Maligai,
                       No.144, Anna Salai,
                       Chennai-2.

                     3.The Chief Engineer,
                       Tuticorin Thermal Power Station,
                       Tuticorin-4,
                       Tuticorin District.                       ... Petitioners/Respondents

                                                      Vs.

                     1.N.Subbaiah                               ...1st Respondent/Petitioner

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                              Rev.Aplw(md)No.16 of 2022


                     2.The Principal Accountant General (A&E)
                       Teynampet,
                       Chennai-18.                       ... 2nd Respondent/4th Respondent

                     PRAYER: Review Petition under Order 47 Rule 1 C.P.C., r/w Section
                     114 of C.P.C., to review the order dated 26.11.2020 passed in
                     W.P(MD)No.5534 of 2015.


                                       For Petitioner          : M/s.T.S.Gopalan and Co.,

                                                          ORDER

The order sought to be reviewed dated 26.11.2020 passed in

W.P(MD)No.5534 of 2015, reads as under:

“3.The Hon'ble Full Bench of the High Court of Madras settled the issues with reference to counting of 50% of the services with reference to the Rule 11(4) of the Tamil Nadu Pension Rules in Writ Appeal No.158 of 2016 etc., batch, dated 03.12.2019.

4.In view of the judgment of the Hon'ble Full Bench of this Court, the case of the petitioner is also to be considered with reference to his service records and accordingly, appropriate orders are to be passed as expeditiously as possible.”

https://www.mhc.tn.gov.in/judis Rev.Aplw(md)No.16 of 2022

2.This Court has passed an order by referring the judgment of the

Hon'ble Full Bench of the High Court, for the purpose of considering the

facts with reference to the service particulars of the individual. The order

clearly states that the case of the petitioner is to be considered with

reference to the service records and taking note of the principles laid

down by the Hon'ble Full Bench of this Court. Therefore, the review

petitioners are empowered to consider the facts independently with

reference to the service records and take an appropriate decision on

merits and in accordance with law. Directing the authorities to consider

the facts and service records cannot be construed as a positive direction

and it is a direction to consider the materials available on record and take

an independent decision on merits and in accordance with law. This

being the scope of the order passed by this Court, no review needs to be

undertaken.

3.With these clarifications, this Review Petition stands dismissed.

No costs.

06.04.2022 Index:Yes/No Internet:Yes/No Ns

https://www.mhc.tn.gov.in/judis Rev.Aplw(md)No.16 of 2022

S.M.SUBRAMANIAM,J.

Ns

Rev. Aplw(MD)No.16 of 2022 in W.P(MD)No.5534 of 2015

06.04.2022

https://www.mhc.tn.gov.in/judis