K.P.Nagaraj v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR JUSTICE C. SARAVANAN K.P.Nagaraj S/o.Palanisamy, Helper/ Mechanical Assistant, Tamil Nadu Generation and Distribution Corporation Ltd, Power House-5, (Avalanji) Avalanji Post, Emarald Via, Nilgiris District, Coimbatore-643209 Appellant(s) Vs 1.The Chairman Distribution Corporation Ltd, NPKRR Maligai, 800, Anna Salai, Chennai-600002.

2.The Chief Engineer [Personnel] Distribution Corporation Ltd, NPKRR Maligai, 800, Anna Salai, Chennai-600002.

3.The Superintending Engineer Distribution Corporation, Generation Circle, Kundah, Kundah Bridge Post The Nilgiris 643 219.

4.The Executive Engineer [Electrical] Distribution Corporation, Parali Power House-3, [Post] Coimbatore District 641 112.

Respondent(s) PRAYER: Writ appeal filed under clause 15 of Letters Patent to set aside the order of the Learned Judge made in RA No.199 of 2018 in WP No.27373 of 2011 dated 14.07.2022.

For Appellant(s):

L. Chandrakumar N.R. Jasmine Padma V. Dinesh For Respondent(s):

Mr.Anand Gopalan for M/s.

T.S.Gopalan And Co For R1 To 4

JUDGMENT

(Delivered by S.S.Sundar J.) (1)This appeal is directed against the order of the learned Single Judge dated 14.07.2022 made in RA.No.199/2018 in WP.No.27373/2011.

(2)It is admitted by the learned counsel for the respondents that the review was on the basis of a few other workmen for whom the regularisation was with effect from 05.08.2005.

(3)The scope of review is limited. This Court has repeatedly held that review is not an appeal in disguise and a person cannot seek rehearing or review merely because a different view is possible or the order passed earlier is erroneous.

(4)In the present case, it is admitted that some of the facts had not been brought to the notice of the learned Single Judge when the writ petition was decided in favour of the writ petitioner. That cannot be a ground for reviewing the earlier order.

(5)Therefore, this Court is of the view that the order in the review application in RA.No.199/2018 in WP.No.27373/2011 is in order. Giving liberty to the respondents to file an appeal as against the original order passed in the writ petition dated 19.04.2018 in WP.No.27373/2011, this writ appeal stands dismissed.

(6)The time during which the review application as well as this writ appeal are pending, shall be excluded for the purpose of limitation. No costs. (S.S.SUNDAR J.)(C.SARAVANAN J.) 17-03-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chairman Distribution Corporation Ltd, NPKRR Maligai, 800, Anna Salai, Chennai600002.

2.The Chief Engineer (Personnel) Distribution Corporation Ltd, NPKRR Maligai, 800, Anna Salai, Chennai600002.

3.The Superintending Engineer Distribution Corporation Ltd, Generation Circle, Kundah, Kundha Bridge Post, The Nilgiris -643219 4.The Executive Engineer (Electrical) Distribution Corporation Ltd, Parali Power House-3 (Post), Coimbatore District-641112

S.S.SUNDAR J.

AND C.SARAVANAN J.

AP 17-03-2025