T. Gnannavel v. R. Sasipriya

2024:MHC:3545

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN against W.A.No.996 of 2015 T.Gnannavel ... Applicant Vs.

1.R.Sasipriya 2.The State of Tamil Nadu, Rep. by the Secretary to the Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

3.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

... Respondents Prayer: Review Application filed under Order XLVII Rule 1 read with Section 114 of Civil Procedure Code, to review the order passed in W.A.No.996 of 2015 dated 23.07.2024 and restore the orders issued in G.O.(D).No.19, MAWS Department dated 18.01.2005 by allowing the review application.

For Applicant : Mr.T.Ranganathan

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The review application on hand has been instituted to review the order dated 23.07.2024 passed in W.A.No.996 of 2015.

2. Mr.T.Ranganathan, learned counsel for the review applicant would submit that promotion to the applicant was granted in accordance with the Service Rules and as per seniority. Relaxation of rules was granted during the relevant point of time by considering certain mitigating circumstances.

3. However, we have adjudicated these issues on merits in the writ appeal, which cannot be re-adjudicated in a review application.

4. We have directed the authorities to grant promotion scrupulously in accordance with the Service Rules in force and by providing equal opportunity to all the employees, who all are aspiring to secure promotion on merits and in the order of seniority.

5. The grounds raised in the present review application on merits cannot be considered. The scope of the review application is limited to the extent, if any error apparent on record is established. The grounds for an appeal cannot be considered in a review application.

6. In the present case, the petitioner has raised grounds on merits touching upon the issues already adjudicated. Thus, the petitioner has not established any error apparent on record warranting interference by this Court in exercise of the powers of review jurisdiction.

7. Accordingly, the Review Application stands dismissed. No costs. [S.M.S., J.] [C.K., J.] 04.10.2024 Jeni Index : Yes Speaking order / Non-speaking order

To 1.The Secretary to the Government, The State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

Jeni 04.10.2024