M.Abdul Saleem v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY in W.P.No.30678 of 2022 and WMP.No.34201 of 2024 M.Abdul Saleem ... Applicant Vs.
1.The State of Tamil Nadu Rep.by its Secretary Education Department Fort St' George, Chennai 600 009.
2.The Commissioner Directorate of School Education D.P.I.Compound, College Road Chenani 600 006.
3.The Joint Director Directorate of School Education D.P.I. Compound, College Road Chennai 600 006.
4.The Chief Educational Officer Presidency Girls Higher Secondary School Campus Gengu Reddy Road, Opp.Santhosh Hospital Egmore, Chennai 600 008.
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5.The District Educational Officer Government Girls Higher Secondary School Near Sidco Nagar, Villivakkam, Chennai 600 049.
6.The Correspondent The Muthialpet Higher Secondary School Chennai 600 001.
7.Mr.D.Thirunavukkarasu The Muthialpet Higher Secondary School.
...Respondents
Prayer : This Review Appeal is filed under Order XLVJ Rule-I read with Section 114 of CPC, to review the order dated 10.07.2024 passed in W.P.No.30678 of 2022.
For Applicant : Mr. C.Johnson For Respondents : Mr. K.Surendran for R1 to R5 Additional Government Pleader Mr.S.Parthi for R6 Mr.S.Nagaraj for R7
ORDER
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This petition is filed to review order dated 10.07.2024 made in WP.No.30678 of 2022.
2. At the outset, this Writ Petition arises out of complete mis-description of posts and persons as Junior Assistant, Library Clerk/ Junior Assistant (Lib) etc. Different descriptions were given in different documents. Mutual allegations were made both by the petitioner and also by the Workman as to who was the cause for such mis-description. Ultimately, after hearing detailed arguments, the Court considered what could have been the designation of each of the employees and accordingly decided the matter and relief in part has been given to the petitioner also. The petitioner is not satisfied with the relief granted to him and this review petition is filed on the ground that there is an error apparent on the face of the records while determining the designation of Mr.S.Subramanian in paragraph No.14 and there are other records also which the learned counsel would point out in Page No.71 of the type set of papers in the review petition. 3/7
3. The learned counsel would submit that there is enough material to demonstrate that the respondents misled the Court and only on account of which certain observations which are made in the Writ Petition are erroneous and have to be corrected by way of review.
4. I have considered the said submissions made by the learned counsel and perused the material records of the case.
5. I am of the view that only after hearing the lengthy arguments in detail, the Court has come to a conclusion in the Writ Petition. For example with reference to the finding in paragraph No.14 that the Subramanian is a Junior Assistant, the learned counsel relies upon the Service Register which is annexed in Page No.47. Even in the said Service Register, the first line says that Junior Assistant and (Lib) (SPL) has also been mentioned.
6. Considering all the above, the Court came to the conclusion and therefore, I am on the view that the matters which are pointed out are not 4/7
error apparent on the face of the record but is the considered finding of the Court. If the petitioner is aggrieved, remedy lies elsewhere. An appeal cannot be in disguise of a review. Therefore, giving liberty to the review petitioner to approach the appropriate forum if he is aggrieved by any of the findings that are made in the Writ Petition, this Court finds that there is no error apparent on the face of the records and as such the Review Petition is not entertained.
7. Accordingly, this Review Application is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 24.01.2025 dna 5/7
To 1.The Secretary Education Department Fort St' George, Chennai 600 009.
2.The Commissioner Directorate of School Education D.P.I.Compound, College Road Chenani 600 006.
3.The Joint Director Directorate of School Education D.P.I. Compound, College Road Chennai 600 006.
4.The Chief Educational Officer Presidency Girls Higher Secondary School Campus Gengu Reddy Road, Opp.Santhosh Hospital Egmore, Chennai 600 008.
5.The District Educational Officer Government Girls Higher Secondary School Near Sidco Nagar, Villivakkam, Chennai 600 049.
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D.BHARATHA CHAKRAVARTHY , J.
dna in W.P.No.30678 of 2022 and WMP.No.34201 of 2024 24.01.2025 7/7