V.Sadasivam, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR V.Sadasivam ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Personnel and Administrative Reforms Department, Fort Saint George, Secretariat, Chennai - 600 009.

2.The Joint Secretary to Government (Rules), Registrar (i/c), Erstwhile, Tamilnadu Administrative Tribunal, Personnel and Administrative Reforms (SAT) Department, Secretariat, Chennai - 600 009.

3.The Registrar General, High Court of Madras, Chennai - 600 104.

... Respondents Page No.1 of 5

Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of Civil Procedure Code, to review the order passed in W.P.No.5573 of 2013 dated 15.06.2015.

For Petitioner : Mr.Karthick Rajan for M/s.Menon Karthik Mukundan and Neelakantan For R1 & R2 : Mrs.P.RajaRajeswari Government Advocate For R3 : Mr.A.Durai Eswar

O R D E R

(Order of this Court was made by S.M.SUBRAMANIAM,J.) The Judgment dated 15.06.2015 passed in W.P.No.5573 of 2013 is sought to be reviewed.

2.

Perusal of the grounds for review would reveal that the Review petitioner has made an attempt to re-adjudicate the issues on merits, which were already considered by the Hon'ble Division Bench of this Court. Review cannot be a substitute for an appeal. Grounds for appeal may not be a good ground for review. Review of an order is permissible, only if an error Page No.2 of 5

apparent is brought to the notice of this Court. Scope of Order 47 Rule 1 cannot be expanded for the purpose of re-adjudication of merits already adjudicated in the writ proceedings.

3.

Mr.Karthick Rajan, learned Counsel for the Review petitioner would made an attempt to adjudicate the nature of appointment and regarding the restoration of seniority of the petitioner, after the review petitioner was reverted back to the High Court as an employee. 4.

All such issues were elaborately considered by the Hon'ble Division Bench. Therefore, we are not inclined to entertain the present review application. Consequently, this Review application stands dismissed. [S.M.S.J.] [K.R.S.J.] 19.03.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.3 of 5

To 1.The State of Tamil Nadu, Represented by its Secretary, Personnel and Administrative Reforms Department, Fort Saint George, Secretariat, Chennai - 600 009.

2.The Joint Secretary to Government (Rules), Registrar (i/c), Erstwhile, Tamilnadu Administrative Tribunal, Personnel and Administrative Reforms (SAT) Department, Secretariat, Chennai - 600 009.

3.The Registrar General, High Court of Madras, Chennai - 600 104.

Page No.4 of 5

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda Order in 19.03.2024 Page No.5 of 5