Tirunelveli District. ... Review vs P.Balasundaram
2023 Latest Caselaw 12034 Mad

                                                                          Rev.Aplc.(Md) No.51 of 2023

                                    THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 07.09.2023
                                                        CORAM:
                                   THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
                                                    AND
                                  THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI

                                            REV.APLC.(MD)No.51 of 2023
                                                       and
                                             C.M.P.(MD) No.9365 of 2023

                     1.The Director,
                       Panchayat Union (Pension),
                       Local Fund Audit Department,
                       4th Floor, Kuralagam,
                       Chennai.

                     2.The Director,
                       Rural Development and Panchayat,
                       Saidapet, Chennai – 600 015.

                     3.The Assistant Director,
                       Panchayat Union (Pension),
                       Local lFund Audit Department,
                       4th Floor, Kuralagam, Chennai.

                     4.The Assistant Director,
                       Local Fund Audit Department,
                       Tirunelveli, Tirunelveli District.

                     5.The District Collector,
                       Tirunelveli District,
                       Tirunelveli.

                     6.The Commissioner,
                       Nanguneri Panchayat Union,

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                 Rev.Aplc.(Md) No.51 of 2023

                        Tirunelveli District.                               ... Review Applicants/
                                                                              Appellants/ Respondents

                                                             Vs.

                     P.Balasundaram                                        ...Respondent/Respondent/
                                                                              Writ Petitioner


                     Prayer: Review Application filed under Order 47 Rule 1 and 2 r/w. Section
                     114 r/w 151 of the Code of Civil Procedure Original to review the order
                     made in WA(MD)No.495 of 2023 dated 24.04.2023 against the order dated
                     28.10.2022 made in WP(MD)No.24032 of 2018.


                                    For Review Applicants          : Mr.Veerakathiravan,
                                                                    Additional Advocate General,
                                                                    Assisted by Mr.J.K.Jayaseelan,
                                                                    Additional Government Pleader




                                                         ORDER

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The only contention of the learned Additional Advocate General

is that the appointment was made by the Block Development Officer and not

by the District Collector of Tirunelveli and therefore the observation at

paragraph No.3 needs modification.

https://www.mhc.tn.gov.in/judis Rev.Aplc.(Md) No.51 of 2023

2. It is made clear that it will be open to the Government to

recover the loss from whoever is responsible for such irregular

appointments and who had served in Tirunelveli District between 1987 and

2015 even under the Pension Rules.

3. With the above clarification this Review application is

disdmissed. No costs. Consequently, the connected miscellaneous petition

is closed.

                                                                    (R.S.M.,J.)    (L.V.G.,J.)
                                                                           07.09.2023
                     dsa
                     Index             : Yes/ No
                     Internet          : Yes/ No

Neutral Citation : Yes/ No Speaking order/Non-speaking order

https://www.mhc.tn.gov.in/judis Rev.Aplc.(Md) No.51 of 2023

To

1.The Director, Panchayat Union (Pension), Local Fund Audit Department, 4th Floor, Kuralagam, Chennai.

2.The Director, Rural Development and Panchayat, Saidapet, Chennai – 600 015.

3.The Assistant Director, Panchayat Union (Pension), Local lFund Audit Department, 4th Floor, Kuralagam, Chennai.

4.The Assistant Director, Local Fund Audit Department, Tirunelveli, Tirunelveli District.

5.The District Collector, Tirunelveli District, Tirunelveli.

6.The Commissioner, Nanguneri Panchayat Union, Tirunelveli District.

https://www.mhc.tn.gov.in/judis Rev.Aplc.(Md) No.51 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

dsa

REV.APLC.(MD)No.51 of 2023 and C.M.P.(MD) No.9365 of 2023

07.09.2023

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