V.Rajendran v. Tamil Nadu Civil Supplies Corporation, ,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Review Application No.120 of 2024 V.Rajendran ... Applicant Vs.

1.The Tamil Nadu Civil Supplies Corporation, rep. by its Managing Director, 10, Thambuswamy Road, Chennai - 10.

2.The Tamil Nadu Civil Supplies Corporation, rep. by its Regional Manager, Pudukottai Region, Pudukottai.

... Respondents Review Application is filed under Order XLVII Rule I read with Section 114 of C.P.C. to review the order dated 22.01.2024 made in W.P. No.4841 of 2022.

For applicant :

Ms.K.Abinaya for Mr.S.Venkataraman For Respondents :

Mr.C.Selvaraj, Standing Counsel for TNCSC

ORDER

This application is filed to review the order dated 22.01.2024 passed in W.P. No.4841 of 2020 and direct the respondents to release the encashment of earned leave, standing to the credit of the applicant/ petitioner on the date of his retirement.

2.The learned counsel for the applicant/petitioner submitted that when the applicant/petitioner has come to this Court, challenging the impugned order of recovery, which is the subject matter of W.P. No.8152 of 2021, passed against him recovering a sum of Rs.5,97,230/-, this Court, vide order dated 01.12.2021, has allowed the writ petition holding that the impugned order of recovery dated 24.01.2019 itself is unsustainable and quashed the impugned order. After adjusting the amount representing the applicant's/petitioner's entitlement for encashment of leave, amounting to Rs.5,33,991/-, the balance outstanding amount payable by the applicant/ petitioner was mentioned as Rs.63,239/-. Challenging the same, W.P. No.4841 of 2020 was filed by the applicant/petitioner, which was dismissed by this Court vide order dated 22.01.2024.

3.Learned counsel for the applicant/petitioner now submits that the order dated 01.12.2021 passed by this Court in W.P. No.8152 of 2021 has not been brought to the knowledge of this Court in W.P. No.4841 of 2020, which has been filed by the applicant/petitioner for issuance of writ of mandamus directing the respondents to release the accumulated earned leave and unearned leave on Private Affairs, Special Provident Fund on the applicant's/petitioner's credit as on 31.05.2014, i.e., the date of his retirement from service and if the essential fact has been brought to this Court by the applicant/petitioner, the writ petition would have been ended in his favour.

4.In fact, the applicant/petitioner has filed similar petitions seeking similar relief in W.P. Nos.33549 of 2015 and 13378 of 2016 and in which orders have been passed in favour of the applicant/petitioner. Further, this Court, having observed that the applicant/petitioner has filed fresh writ petitions seeking the same relief, dismissed W.P. No.4841 of 2020. In fact, the Contempt Petition filed by the applicant/petitioner in Contempt Petition No.591 of 2019 was also dismissed on 22.04.2019 by holding that a detailed proceeding has been passed on 24.01.2019.

5.In all fairness, the applicant/petitioner ought to have brought the fact that the proceeding dated 24.01.2019 has been set aside by virtue of the order passed in W.P. No.8152 of 2021 dated 01.12.2021 before the forum here the Contempt Petition was filed. Instead of filing a Review Application in the order passed in Contempt Petition No.591 of 2019, which has direct reference about the order dated 24.01.2019, the applicant/ petitioner has chosen to review W.P. No.4841 of 2020, which has been rightly passed taking into consideration of the orders passed in the earlier writ petitions i.e., W.P. Nos.33549 of 2015 and 13378 of 2016, filed seeking the same relief.

6.In view of the above observation, this Review Application is dismissed. If the applicant/petitioner is still aggrieved, he can also file a Contempt Petition for not complying the order dated 01.12.2021 passed in W.P. No.8152 of 2021.

24.10.2024 Index : Yes / No Speaking order / Non-speaking order vga

To 1.The Tamil Nadu Civil Supplies Corporation, rep. by its Managing Director, 10, Thambuswamy Road, Chennai - 10.

2.The Tamil Nadu Civil Supplies Corporation, rep. by its Regional Manager, Pudukottai Region, Pudukottai.

R.N.MANJULA ,J.

vga Review Application No.120 of 2024 24.10.2024