Madras High Court
C.Vijaya Baskar vs The Government Of Tamil Nadu on 13 October, 2023
Rev. Aplw. No.152 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
Review Application No.152 of 2023
in W.P.No.11779 of 2017
1.C.Vijaya Baskar
2.P.Senthilkumar
3.S.Selvam
4.S.Prakash .. Applicants
vs.
1.The Government of Tamil Nadu,
rep. by its Secretary,
Rural Development & Panchayat Raj Department,
Fort St. George, Chennai-9.
2.The Director of Rural Development &
Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai-15. .. Respondents
Prayer: Review Application filed under Order 47 Rule 1 CPC read with
Section 114 of CPC seeking review of the final order dated 21.08.2023
passed in W.P.No.11779 of 2017 on the file of this Court.
Page 1 of 5
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Rev. Aplw. No.152 of 2023
For the Applicants : Mr.N.Subramaniyan
For the Respondents : Mrs.R.Anitha
Spl. Government Pleader
assisted by
Mr.T.K.Saravanan
Government Advocate
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
We have heard Mr.N.Subramaniyan, learned counsel for the
applicants and Mrs.R.Anitha, learned Special Government Pleader,
assisted by Mr.T.K.Saravanan, learned Government Advocate for the
respondents.
2. The present review application is filed to review the order
dated 21.8.2023 passed by this Court in W.P.No.11779 of 2017.
3. Mr.N.Subramaniyan, learned counsel for the applicants,
submits that in paragraph 9 of the order under review, this Court has
observed that a person working as an Assistant Engineer for a period
of five years is considered for promotion to the post of Assistant
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Rev. Aplw. No.152 of 2023
Executive Engineer, so also the person working for not less than five
years as a Junior Engineer can also be considered, but prior to that,
the Junior Engineer necessarily has to render service of fifteen years in
the post of Overseer before he is promoted to the cadre of Junior
Engineer. According to him, such person has to render the service for
only seven years and not fifteen years on the post of Overseer. There
is factual error. The same would not make material difference so far as
merits of the matter is concerned.
4. Learned counsel for the applicants also submits that the
judgments of the Supreme Court in the case of Dilip Kumar Garg and
others v. State of U.P., reported in (2009) 4 SCC 753, and in the case
of P.Murugesan and others v. State of Tamil Nadu and others, reported
in (1993) I LLJ 944 SC, referred to in the order under review, ought
not to have been relied upon, inasmuch as they are based on different
set of facts. The Diploma holders and the Degree holders were part of
the same category, whereas in this case they are from different
categories and different services.
5. We have relied upon those judgments for considering the ratio
laid down therein.
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Rev. Aplw. No.152 of 2023
6. In the light of the above, the review application stands
disposed of. There will be no order as to costs. Consequently,
W.M.P.No.26826 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
13.10.2023
Index : yes/no
Neutral Citation : Yes/No
bbr
To:
1.The Secretary,
Government of Tamil Nadu,
Rural Development & Panchayat Raj Department,
Fort St. George, Chennai-9.
2.The Director of Rural Development & Panchayat Raj Department,
Panagal Building,
Saidapet, Chennai-15.
https://www.mhc.tn.gov.in/judis
Rev. Aplw. No.152 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
Rev. Aplw. No.152 of 2023
13.10.2023
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