R.Senguttuvan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18-08-2017
CORAM:
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Review Application No.110 of 2016 in W.P.No.11874 of 2015 R.Senguttuvan ..
Petitioner vs.
1.The State of Tamil Nadu, Represented by the Secretary, Industries Department, Fort St. George, Chennai-600 009.
2.The Commissioner of Sugars, Department of Sugars, No.690, Anna Salai, Nandanam, Chennai-600 035.
3.The Chief Executive, Perambalur Sugar Mills Ltd., Earaiyur - 621 133, Trichy District.
4.The Administrator, M.R.K. Co-operative Sugar Mills, Sethiathope - 608 702, Cuddalore District.
..
Respondents This Review Application is preferred under Order 47 Rule 1 of Civil Procedure Code read with Section 114 of Civil Procedure Code, to review the order made in W.P.No.11874 of 2015 dated 11.7.2016.
For Petitioner : Mr.R.Singaravelan, Senior Counsel for Mr.R.Senguttuvan (Party-inPerson) For Respondents-1&2 : Mr.L.P.Shanmugasundaram, Special Government Pleader (Coop) For Respondent-3 : Mr.R.Parthiban For Respondent-4 : Mr.R.Bala Ramesh
O R D E R
The learned Senior Counsel Mr.R.Singaravelan, appearing on behalf of the petitioner (party-in-person) at the request of this Court, contended that the claim made out by the petitioner in person in W.P.No.11874 of 2015 is for a direction to the respondents 2, 3 and 4 therein to grant promotion by appointing him as Deputy Chief Chemists as on 27.6.1989 and Chief Chemist as on 27.6.1995 and to grant pay scales applicable to the abovesaid posts with retrospective effect and consequently revise his pension and grant the arrears of pay.
2. However, this Court, while passing a common order in W.P.Nos.11874 and 28156 of 2015 on 11.7.2016, has considered the prayer sought for by the petitioner in W.P.No.28156 of 2015 and the relief and the grounds raised in W.P.No.11874 of 2015 had not been considered at all.
3. In this view of the matter, the learned Senior Counsel appearing on behalf of the petitioner (Party-in-Person), requested this Court to review the order only in respect of W.P.No.11874 of 2015 and list the matter for final hearing, so as to adjudicate the same in accordance with law and on merits.
4. On perusal of the common order, this Court is of the view that the contentions and the prayer sought for in W.P.No.11874 of 2015 had not been considered at the time of passing the common order. Thus in order to provide an opportunity to the petitioner to adjudicate the said writ petition viz., WP No.11874 of 2015 on merits and in accordance with law and in order to vindicate his grievances for the redressal, this Court review the order passed on 11.7.2016 in W.P.No.11874 of 2015 alone. Accordingly, the order passed in respect of the said writ petition is withdrawn and the writ petition viz., W.P.No.11874 of 2015 is directed to be listed for final hearing after two weeks and in respect of W.P.No.28156 of 2015, the order already passed on 11.7.2016 is confirmed and no review is also filed against that writ petition. Accordingly, the Review Application stands disposed. However, there shall be no order as to costs.
18-08-2017 Speaking Order/Non-Speaking Order.
Index : Yes/No.
Internet : Yes/No.
Svn S.M.SUBRAMANIAM, J.
Svn To 1.The Secretary, State of Tamil Nadu, Industries Department, Fort St. George, Chennai-600 009.
2.The Commissioner of Sugars, Department of Sugars, No.690, Anna Salai, Nandanam, Chennai-600 035.
3.The Chief Executive, Perambalur Sugar Mills Ltd., Earaiyur - 621 133, Trichy District.
4.The Administrator, M.R.K. Co-operative Sugar Mills, Sethiathope - 608 702, Cuddalore District.
Rev.Appn.110 of 2016
18-08-2017