Madras High Court
The Executive Officer vs P.Kannayiram on 4 September, 2024
Bench: R.Subramanian, P.T. Asha
Rev.Appl.No.236 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MS. JUSTICE P.T. ASHA
Rev.Appl.No.236 of 2024
1.The Executive Officer,
Thimiri Selection Grade Town Panchayat,
Thimiri, Vellore District - 632 512
2.The Director of Town Panchayats
Kuralagam Buildings,
Esplanade,
Chennai - 600 018. ...Applicants
vs.
P.Kannayiram ... Respondent
Prayer: Review Application filed under Section 114 and Order 47 Rules 1
and 2 of Civil Procedure Code to review the order dated 04.07.2019 in
W.A.No.2717 of 2018 and allow this review application.
For Applicants : Mr.Veerakathiravan
Additional Advocate General
assisted by
Mr.P.Thilakkumar
Government Pleader
For Respondent : Mr.V.Vijayashankar
Page 1 of 5
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Rev.Appl.No.236 of 2024
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The review is sought for the order dated 04.07.2019 in
W.A.No.2717 of 2018 directing the Government to regularize the
petitioner as Electrician (Grade 2) with effect from 24.08.2001.
2. According to the learned Additional Advocate General appearing
for the applicants, though the petitioner was conferred with the benefits
of the Government Order in G.O.Ms.No.198, Municipal Administration
and Water Supply Department, dated 26.10.1998, he did not choose to
take it and continued as a daily wager and he was brought in the time
scale of pay only on 11.12.2009. This regularization order dated
11.12.2009 was challenged by the respondent in W.P.No.4943 of 2014
and the Division Bench concluded that he will be entitled to
regularization on completion of three years service again following the
Judgment made by another Division Bench in the case of the Secretary
to Government of Tamil Nadu, Municipal Administration and Water
Supply Department and two others vs. M.Rani in W.A.No.1289 of 2014
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etc. batch. The Judgment in W.P.No.4943 of 2014 is a Judgment inter
parties and it will bind the Government as well a the respondent equally.
Admittedly, the said Judgment has become final.
3. The Writ Petition in W.P.No.12125 of 2018 was filed by the
petitioner seeking a mandamus directing the respondents to regularize his
service as per the order made in W.P.No.4943 of 2014. The said Writ
Petition was dismissed by the single Judge and on appeal, the appeal was
allowed on the conclusion that order in W.P.No.4943 of 2014 entails the
petitioner for regularization with effect from 24.08.2001. As already
stated, the Government has neither challenged the order in W.P.No.4943
of 2014 nor has sought any review. The review which is sought for is
only for a consequential order. Since the main order survives,
consequential order cannot be reviewed.
4. The learned Additional Advocate General appearing for the
applicants would however contend that the coordinate bench has allowed
similar review application in Rev.Appl.No.31 of 2023 in respect of
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similarly placed workmen on 26.04.2023. But, something that happens
in other case will not alter the Judgment which is inter parties. The
Judgment inter parties continues to be binding on the parties even if there
is a subsequent change in law in some other case. This cannot be made a
ground for review.
5. Hence, this Review Application is dismissed. The terminal
benefits payable to the respondent consequent upon regularization
pursuant to the order dated 04.07.2019 made in W.A.No.2717 of 2018
shall be paid within a period of twelve (12) weeks from today. No costs.
(R.S.M., J.) (P.T.A., J.)
04.09.2024
NCC:Yes/No
Index:Yes/No
Speaking/Non-speaking order
mbi
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R.SUBRAMANIAN, J.
and
P.T.ASHA, J.
mbi
04.09.2024
https://www.mhc.tn.gov.in/judis
