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Madras High CourtWMP/17452/2021ordered

The State Of Tamil Nadu v. S.Thanikkachalam

2022-08-30Honourable Mr Justice R. Suresh Kumar4 pages

R.SURESH KUMAR, J.

Heard Mr.U.M.Ravichandran, learned Special Government Pleader appearing for the petitioners/Government and Mr.S.Mani, learned counsel appearing for the respondents in this petition.

2. The petitioners/Government has filed the aforesaid review application to review the part of the order passed by the Writ Court made in W.P.No.32572 of 2018 dated 11.12.2018. By the said order, the Writ Court allowed the writ petition in respect of the 21 petitioners including the two petitioners in the writ petition viz., M.Ramamoorthy (sixth petitioner) and one A.Krishnan (sixteenth petitioner).

3. In this context, the grievance of the petitioner/Government was that those two petitioners in the writ petition though had not completed the 10 years qualifying service issued under G.O.Ms.No.95, Environment and 1/4

Forests (FR.II) Department dated 07.08.2009 for the purpose of regularizing their service, since a positive direction was given by order dated 11.12.2018, where the learned Government Pleader appearing before the Writ Court, since has conceded the prayer for regularization as sought for by the petitioners, that it would be considered and made, however, without any financial benefits, only notionally and after having verifying the records, since these two petitioners in the writ petition have not completed the 10 years qualifying service, the review of the Writ Court order has become necessitated.

4. In order to ascertain these factors and to take a decision to file the review, there has been an administrative delay of 931 days in filing the review application and in order to condone the said delay, this miscellaneous petition was filed.

5. Having heard the learned counsel appearing for both sides and with regard to the aforesaid facts and circumstances, this Court feels that this 2/4

condone delay petition can be accepted and accordingly it is ordered and the delay is condoned.

30.08.2022 mp Note: Registry is directed to number the review application 3/4

R.SURESH KUMAR, J.

mp 30.08.2022 4/4