K.Poogodi vs The Tamil Nadu Civil Supplies ...
2024 Latest Caselaw 19782 Mad

Madras High Court

K.Poogodi vs The Tamil Nadu Civil Supplies ... on 21 October, 2024

Bench: S.S. Sundar, Mohammed Shaffiq

                                                                             Rev.Appl.No.182/2024



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 21.10.2024

                                                     CORAM :

                                     THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                       AND
                                  THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

                                                Rev.Appl.No.182/2024

                     E.Kandasamy [Died]
                     1.K.Poogodi
                     2.K.Dinesh
                     3.Divya                                                    ... Petitioners

                                                        Vs.

                     1.The Tamil Nadu Civil Supplies Corporation
                       rep.by the Managing Director
                       No.12, Thambusamy Road
                       Kilpauk, Chennai 600 010.

                     2.The General Manager [Administration]
                       No.12, Thambusamy Road,
                       Kilpauk, Chennai 600 010.                              ... Respondents


                     Prayer : Review Application filed under Order 47 Rule 1 of CPC read with

                     Section 114 of CPC against the order dated 27.03.2024 made in

                     WA.No.486/2022.

                                                         1


https://www.mhc.tn.gov.in/judis
                                                                                   Rev.Appl.No.182/2024




                                   For Petitioners          : Mr.T.Saikrishnan

                                   For RR 1&2               : Mr.K.Neelakandan
                                                              Additional Advocate General
                                                              assisted by Mr.C.Selvaraj,
                                                               Panel Advocate


                                                        ORDER

[Order of the Court was made by S.S.SUNDAR, J.,]

(1)The present review application is filed to review the judgment passed in

WA.No. 486/2022 dated 27.03.2024. Heard the counsels on both sides.

(2)This Court is of the view that the present review application should be

heard not on merits of the case, but on what had happened during the

hearing of the appeal.

(3)Learned counsel for the petitioner submitted that the appeal was argued

before the Division Bench only against the direction for payment of ex-

gratia. Therefore, it was conceded by the respondents before the Division

Bench that the writ appeal may be partly allowed by confirming the order

of the learned Single Judge reducing the punishment from dismissal to

one of stoppage of increment for two years with cumulative effect.

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

(4)It is now reported by either side that the order dated 27.03.2024 passed

in WA.No.486/2022 does not reflect the order as per the consent

expressed by the parties. Having regard to the submissions of both sides,

this Court is inclined to entertain this review application as the order

suffers from an error apparent on the face of record. It is also admitted

before this Court that the nature of settlement was reported pursuant to

negotiation as directed by the Division Bench.

(5)Considering the nature of agreement between the parties, this Court set

asides the judgment dated 27.03.2024 passed in WA.No.486/2022 and

passes the following order:

(6)The order of the learned Single Judge dated 22.07.2021 made in

WP.No.7192/2017 is partly modified, while confirming the order reducing

the punishment into one of stoppage of increment for two years with

cumulative effect, the said punishment shall come into effect from

24.07.2015.

(7)In view of the modification of punishment, the review applicant will be

entitled to retirement benefits. However, the direction regarding monthly

ex-gratia of Rs.2,500/- in lieu of pension, alone is set aside.

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

(8)The review application stands disposed of with the above direction.

No costs.

                                                                     [SSSRJ]      [MSQJ]
                                                                         21.10.2024
                     AP

                     Index : Yes
                     Internet : Yes
                     Neutral Citation:Yes

                     To
                     1.The Managing Director

Tamil Nadu Civil Supplies Corporation No.12, Thambusamy Road Kilpauk, Chennai 600 010.

2.The General Manager [Administration] No.12, Thambusamy Road, Kilpauk, Chennai 600 010.

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

S.S. SUNDAR, J., and MOHAMMED SHAFFIQ, J.,

AP

21.10.2024

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