Madras High Court
R.Selvam vs The Registrar General on 11 January, 2022
Rev.Aplw.No.106 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
Review Application (Writ) No.106 of 2015
R.Selvam .. Petitioner
Vs.
1. The Registrar General
High Court, Madras
Chennai - 600 104.
2. The Chief judicial Magistrate Court
Vellore.
3. The Principal District Judge
Vellore, Vellore - 6.
4. The Judicial Magistrate
Gudiyatham. .. Respondents
Prayer: Petitioner under Order 47 Rule 1 read with Section 114 of the
Code of Civil Procedure to review the order dated 10.4.2015 passed in
W.P.No.8625 of 2015.
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Rev.Aplw.No.106 of 2015
For the Petitioner : Mr.K.S.Govinda Prasad
For the Respondents : Mr.P.K.Rajagopal
ORDER
(Order of the Court was made by
the Hon'ble Acting Chief Justice)
This application has been filed against the judgment dated
10.4.2015 passed in W.P.No.8625 of 2015.
2. The petitioner filed a writ petition challenging the order
dated 26.2.2014, with a direction to reappoint him to the post of
Night Watchman in the court of Judicial Magistrate, Gudiyatham,
from 2.7.2012.
3. The facts taken note by the Division Bench while dismissing
the writ petition show that, by proceedings dated 15.12.2011 of the
second respondent, the petitioner was temporarily selected for the
post of Night Watchman and posted at the court of Judicial
Magistrate, Gudiyatham. The petitioner later on tendered
resignation on 6.7.2012, but the resignation was withdrawn by the
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Rev.Aplw.No.106 of 2015
petitioner vide letter dated 2.8.2012. By proceedings dated
24.8.2012, the withdrawal of the resignation was permitted with a
direction to the petitioner to join the post. However, the petitioner
did not join the post, rather submitted a letter dated 17.12.2012
expressing his unwillingness to join the post. Therefore, vide
proceedings dated 9.1.2013, the services of the petitioner were
terminated with effect from 1.7.2012. Pursuant to the same, the
petitioner submitted an application on 7.1.2014 to reappoint him in
service. The prayer aforesaid was rejected by the respondents vide
order dated 26.2.2014, which was upheld by the Division Bench by
the judgment dated 10.4.2015.
4. The only ground taken to seek review is the illness of the
petitioner's father, but the averments therein are not supported by
any document. Further, when the petitioner expressed his
unwillingness to join the duty consequent to the withdrawal of the
resignation tendered by him, he cannot claim reappointment as a
right, that too, after expiry of a period of two years. After
considering the entire factual matrix, the Division Bench dismissed
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Rev.Aplw.No.106 of 2015
the writ petition.
5. We do not find any error apparent on the face of the record
so as to allow the review. The jurisdiction of the court in review
petition is quite limited. Review may be permitted on three specified
grounds, namely (i) discovery of new and important matter or
evidence, which after the exercise of due diligence, was not within
the applicant's knowledge or could not be produced by him at the
time when the decree was passed or order was made; (ii) mistake
or error apparent on the face of the record, or (iii) for any other
sufficient reason. In the case on hand, none of the aforesaid
grounds attract.
6. In view of the above the review application is dismissed.
There will be no order as to costs.
(M.N.B., ACJ.) (P.D.A., J.)
11.01.2022
Index : Yes/No
sasi
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Rev.Aplw.No.106 of 2015
To:
1. The Registrar General
High Court, Madras
Chennai - 600 104.
2. The Chief judicial Magistrate Court
Vellore.
3. The Principal District Judge
Vellore, Vellore - 6.
4. The Judicial Magistrate
Gudiyatham.
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Rev.Aplw.No.106 of 2015
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
(sasi)
Review Application (Writ) No.106 of 2015
11.01.2022
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