Madras High Court
The Principal Secretary / Commissioner vs N.A.Senthilnathan on 1 August, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
Rev.Appl.Nos.250 & 268 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
Rev.Appl.Nos.250 & 268 of 2018
against
W.A.Nos.620 & 546 of 2015
Rev.Appl.No.250 of 2018
The Principal Secretary / Commissioner,
Corporation of Chennai,
Represented by its Commissioner,
Rippon Buildings,
Chennai - 600 003. ... Applicant
Vs.
1. N.A.Senthilnathan
2. M.Jagadeesan
3. E.Saraswathy
4. S.Mani ... Respondents
Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of
Civil Procedure Code, to review the Judgment dated 05.10.2018 in
W.A.No.620 of 2015.
For Applicant : Mr.S.Gopinathan
Standing Counsel for GCC
For R1 : Mr.V.Ravikumar
For R2 to R4 : Mr.S.Nedunchezhiyan
Page No.1 of 6
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Rev.Appl.Nos.250 & 268 of 2018
Rev.Appl.No.268 of 2018
1. M.Jagadeesan
2. E.Saraswathy
3. S.Mani ... Applicants
Vs.
1. N.A.Senthilnathan
2. The Principal Secretary / Commissioner,
Corporation of Chennai,
Represented by its Commissioner,
Rippon Building,
Chennai - 600 003. ... Respondents
Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of
Civil Procedure Code, to review the Judgment dated 05.10.2018 in
W.A.No.546 of 2015.
For Applicants : Mr.S.Nedunchezhiyan
For R1 : Mr.V.Ravikumar
For R2 : Mr.S.Gopinathan
Standing Counsel for GCC
COMMON ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The order dated 05.10.2018 passed in W.A.Nos.546 & 620 of 2015 is
sought to be reviewed.
2. The main ground for review is that this Court dismissed the writ
appeals filed by the review applicants mainly on the ground that in the case of
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Rev.Appl.Nos.250 & 268 of 2018
K.Rajalakshmi vs. Principal Secretary to Government, School Education
Department and 2 ors. quashed G.O.Ms.No.22, P&AR (S) Department,
dated 24.02.2014. The said decision was followed in W.P.(MD)No.551 of
2015 dated 17.04.2017. Therefore, the subsequent events of incorporating a
check period by way of amendment to Rule 4 (a) of the General Rule for the
Tamil Nadu State and Sub-ordinate Services cannot have any effect in the
case of the first respondent in the writ appeal.
3. The respective learned Counsels appearing on behalf of the
review applicants now brought to the notice of this Court that Service
Conditions Act was incorporated in the year 2016. Meanwhile, the Division
Bench has recalled the order passed in the writ appeals on 07.11.2016.
4. In view of the fact that the Division Bench recalled the order
passed in the case of K.Rajalakshmi, the present review petitions have been
filed to set aside the order dated 05.10.2018 passed in W.A.Nos.546 & 620
of 2015.
5. It is not in dispute that the writ appeal filed by the Corporation
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Rev.Appl.Nos.250 & 268 of 2018
was dismissed based on the order of the earlier Division Bench in the case of
K.Rajalakshmi. The said order was recalled by the Division bench.
Therefore, the present writ orders sought to be reviewed, is liable to be
recalled.
6. Accordingly, both the review applications stand allowed. The
order dated 05.10.2018 passed in W.A.Nos.546 & 620 of 2015 is recalled.
The writ appeals are directed to be listed for final hearing and to be heard on
merits along with W.A.No.983 of 2015 and W.P.Nos.31633 of 2014 &
21771 of 2015.
7. Post after two weeks.
[S.M.S., J.] [C.K., J.]
01.08.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
To
1. The Principal Secretary / Commissioner,
https://www.mhc.tn.gov.in/judis
Rev.Appl.Nos.250 & 268 of 2018
Corporation of Chennai,
Represented by its Commissioner,
Rippon Building,
Chennai - 600 003.
Copty to:
The Section Officer,
Judicial Section.
https://www.mhc.tn.gov.in/judis
Rev.Appl.Nos.250 & 268 of 2018
S.M.SUBRAMANIAM, J.
AND
C.KUMARAPPAN, J.
veda
Rev.Appl.Nos.250 & 268 of 2018
01.08.2024
https://www.mhc.tn.gov.in/judis
