Madras High Court
The State Of Tamil Nadu vs V.Sudhahar Saravanan on 9 March, 2023
2023:MHC:1041
Review Application Nos.32 to 34 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Review Application Nos.32 to 34 of 2022
and
W.M.P.Nos.6200 & 6203 of 2022
1.The State of Tamil Nadu,
Rep. by The Principal Secretary to Government,
School Education Department,
Fort St. George, Chennai – 600 009.
2.The Director of Public Libraries,
Anna Salai, Chennai.
3.The District Library Officer,
1st Floor, District Central Library Building,
Chengam Saalai,
Thiruvannamalai – 606603. ... Applicants
(in all Rev.Applns)
Vs.
1.V.Sudhahar Saravanan ... Respondent
in Rev.Appln.No.32 of 2022
2.S.Krishnan ... Respondent
in Rev.Appln.No.33 of 2022
3.K.Jayachandran ... Respondent
in Rev.Appln.No.34 of 2022
Page 1 of 5
https://www.mhc.tn.gov.in/judis
Review Application Nos.32 to 34 of 2022
Prayer in Rev.Appln.No.32 of 2022: Review Application filed under
Order 47 Rule 1 and 2 read with Section 114 of Civil Procedure Code, to
review the order dated 13.08.2018 made in W.P.No.4817 of 2018.
Prayer in Rev.Appln.No.33 of 2022: Review Application filed under
Order 47 Rule 1 and 2 read with Section 114 of Civil Procedure Code, to
review the order dated 13.08.2018 made in W.P.No.4818 of 2018.
Prayer in Rev.Appln.No.34 of 2022: Review Application filed under
Order 47 Rule 1 and 2 read with Section 114 of Civil Procedure Code, to
review the order dated 13.08.2018 made in W.P.No.4819 of 2018.
For Applicants : Mr.Abishek Murthy
Government Advocate
(in all Rev.Applns)
For Respondents : R.Prem Narayan
(in all Rev.Applns)
COMMON ORDER
These review applications have been filed to review the common
order passed by this Court on 13.08.2018 passed in W.P.Nos.4817, 4818
and 4819 of 2018.
Page 2 of 5
https://www.mhc.tn.gov.in/judis
Review Application Nos.32 to 34 of 2022
2. The Writ Appeal filed by the State was dismissed with liberty to
file review application before this Court. Thus, the applicants have chosen
to file these review applications. The Full Bench of this Court in the case of
Government of Tamil Nadu Vs. R.Kaliyamoorthy reported in [2019 (6)
CTC 705] decided the issues with reference to the amended Rule 11(4) of
the Tamil Nadu Pension Rules, 1978 for the purpose of granting of benefit
of counting of 50% of the temporary services rendered by the Government
employees.
3. The condition stipulated under Rule 11(4) of the Tamil Nadu
Pension Rules, 1978 was also taken note by the Full Bench and therefore,
the applicants State Government Authorities are bound to follow the ratio
laid down by the Full Bench in the case (cited supra). This Court also
directed the authorities to reconsider the issues with reference to the facts
and circumstances and therefore, the authorities competent are empowered
to consider the facts of each case and apply the principles laid down by the
Full Bench and also the conditions stipulated under Rule 11(4) of the Tamil
Nadu Pension Rules, 1978 and accordingly, take a decision on merits.
Page 3 of 5
https://www.mhc.tn.gov.in/judis
Review Application Nos.32 to 34 of 2022
4. Thus, this Court is of the considered opinion that there is no error
apparent and after passing of the order in the Writ Petition, the Full bench
considered the issues and passed a judgment and accordingly, the applicants
/ authorities are bound to follow the judgment of the Full Bench along with
the conditions stipulated under Rule 11(4) of the Tamil Nadu Pension
Rules, 1978 for the purpose of considering the cases of the respondents.
5. With these clarifications, these Review Applications stand
disposed of. No costs. Consequently, connected Miscellaneous Petitions are
closed.
09.03.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
Page 4 of 5
https://www.mhc.tn.gov.in/judis
Review Application Nos.32 to 34 of 2022
S.M.SUBRAMANIAM, J.
Jeni
Review Application
Nos.32 to 34 of 2022
09.03.2023
https://www.mhc.tn.gov.in/judis
